Minister Rockhill to the Secretary of State.

No. 148.]

Sir: As a further acknowledgment of your cabled instruction received November 7, asking me what progress has been made in negotiating for trade-mark regulations with China, I have the honor to report as follows:

On receipt of the department’s instruction No. 42, of August 17, 1905, I wrote the foreign representatives interested in the preparation of a new system of trade-mark regulations to be agreed upon with China that our Government considered that provision should be made to the end that registrations effected by American owners of trade-marks under the trade-mark regulations heretofore published should not be impaired.

On the 24th of October I received from the German minister the inclosed note, in which he informs me that he and his colleagues find it difficult to agree to the views of the United States as conveyed in my note.

Before transmitting this note to you I had wished, in order to save time, to include in it a report which I have asked for of our consuls-general at Shanghai and at Tientsin, stating how many, if any, Americans have registered trade-marks under the regulations heretofore published by China. I am inclined to think that very few have been so registered, and it might be possible in that case to have specific mention made of the fact of their registration in the new regulations or in some other official way which would enable us to meet the wishes of the other interested powers.

I have the honor, etc.

W. W. Rockhill.
[Page 249]
[Inclosure 1.]

Minister Rockhill to the German Minister.

Mr. Minister and Dear Colleague: Mr. Coolidge, under date of April 26, had the honor to acknowledge the receipt of a note which you and certain of your colleagues had sent him on the 23d of the same month, inclosing copy of a proposed measure for the protection of trade-marks in China. He further informed your excellency that your communication and its inclosures would be submitted to the American Government.

I am now in receipt of an instruction from the Department of State in which it is stated that the Government of the United States found the “project” submitted by you in accordance with the general construction of the trade-mark laws of the United States and most European countries, and that it is not objectionable in any material regard, excepting section 25, which reads as follows:

“All demands of registration made by means of the competent Chinese authorities before going into force of the present regulations shall be considered as having been made the day of the regulations going into force.”

As this section may destroy the effect of registrations effected by American owners of trade-marks under the trade-mark regulations heretofore published, it would appear just that the effect of such regulations should not be impaired.

As the Government of the United States deems it most desirable that some adequate system be adopted by the Chinese Government at the earliest possible date, it offers no objection to the adoption of the project further than to the possible effect of section 25, as herein pointed out.

Trusting that you will kindly submit the views of my Government to those of our honorable colleagues who elaborated the project with you, I avail myself of this opportunity to renew to you, Mr. Minister, and dear colleague, the assurance of my highest consideration.

W. W. Hockhill,
[Inclosure 2—Translation.]

The German minister to Minister Rockhill.

Mr. Minister and Dear Colleague: I have not failed to communicate to those of our colleagues who are interested in the matter, the letter which you were pleased to write me on the 16th October concerning trade-mark regulations.

We were pleased to see that your Government approved the great part of the proposal which we have submitted to China; we have carefully gone over the only modification suggested by the Department of State and we would have been gratified to meet it, but to our great regret it has seemed to us difficult, considering the instructions of our respective Governments, to agree that registrations made before the putting into effect of the regulations should antedate said putting in force. It has seemed preferable to us to obviate all discussion, to hold them all as dating from the day on which the registration goes in force.

We would be obliged to you to again call the attention of your Government to this matter, and we hope that it will be pleased to find some means to take into account the above considerations.

In sending this communication to you in the name of the representatives of Great Britain, France, Italy, Austria, and my own, I avail myself of the opportunity to renew to you the assurances of my high consideration.

A. v. Mumm,