The question of the registration of the trade-marks already filed, in
accordance with the regulations as originally issued, will come up for
settlement when the legal time for registration arrives.
[Inclosure.]
memorandum present situation as to trade mark
regulations.
Mr. Conger, learning that some agreement was about to be arrived at
between the wai wu pu and the representatives of Germany, France,
Austria, Italy, and Great Britain for the postponement of the
registration of trade-marks and the amendment of trade-mark
regulations, directed me to go to the wai wu pu to say that the
United States had asked for the adoption of trademark regulations,
and that upon their issue had accepted them in good faith; that the
United States Government had taken no part in the effort to have
their operation postponed; and that it was but due to the United
States that it should be promptly informed if any suspension were
contemplated.
At the yamen of the wai wu pu I saw his excellency Lien-fang, who
could give very little information, but two or three days later he
and his excellency Na-tung called at the legation and handed to Mr.
Conger a copy of the correspondence between the wai wu pu and the
five ministers just mentioned. At the same time they said that it
was proposed to postpone the date at which registration would begin,
but that no notice to that effect had as yet been issued; that none
would be issued until replies should be received from the five
protesting ministers; that so soon as agreement should be reached as
to the course to be taken a dispatch would be sent to inform the
United States minister.
A perusal of the correspondence, however, showed that a practical
agreement had already been reached, and a day or two later a notice
appeared in a Tientsin paper, embodying a letter from His British
Majesty’s consul-general to the chairman of the chamber of commerce,
announcing the postponement of registration on the authority of the
British minister.
Immediately upon its receipt (December 29) Mr. Conger wrote to the
wai wu pu calling attention to it and to the promise of the wai wu
pu that he would be promptly informed if registration should be
postponed. No answer having been received, on January 4, at Mr.
Conger’s direction, I went again to the wai wu pu to inquire, and
was told that the reply was drafted and would be sent that day. It
came as promised. While there I was told that
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no replies had come from the five
ministers, who had referred the matter to their Governments, but
that the arrangement was practically agreed to, that no registration
would be begun until the regulations were amended to the
satisfaction of the ministers named. I was also told that it was
understood that the postponement would be not more than six months;
but this appears to be understood by the Chinese Government only. I
pointed out that no such limitation was mentioned in the
correspondence. His excellency Na-tung replied that it was implied
in the terms of the correspondence, requiring that the matter be
treated promptly, but that the words “six months” had not been used
lest the revision should not be fully completed in that time.
In the first conversation which I had with his excellency Lien-fang,
he also said the postponement would be for six months.
His excellency Na-tung said, further, that no notice of postponement
had been issued, and that none would be issued until replies were
received from the five ministers, and that the wai wu pu was not
responsible for the notice in the Tientsin paper.
Asked as to the registration of trade-marks already filed, he said
none would be registered until an agreement should be reached. I
pointed out that this would violate rights acquired under existing
regulations to have registration in six months from date of
application. He denied any violation of rights, yet insisted that no
registration would be made until agreement should be reached. He
said that immediately upon the receipt of replies from the five
Governments mentioned, agreeing to the arrangement set forth in the
correspondence, the wai wu pu would inform the board of commerce,
which board would issue a general notification postponing the date
on which registration would begin, but that applications for
registration would still be received. I was told that some 800
Japanese trade-marks had already been filed and not a few belonging
to merchants of other nationalities.
I have the honor, etc.,
E. T. Williams,
Chinese Secretary.
