Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1907, (In two parts), Part I

File No. 406/50–51.

Minister Collier to the Secretary of State.

American Legation,
Madrid, April 6, 1907.

No. 288.]

Sir: In Instruction No. 107 I was informed that the American minister in Peking had reported that the Spanish minister at that capital had advised him that he was unable to conclude by exchange of notes an arrangement for the protection of trade-marks in China similar to those made by the minister of the United States and the ministers of certain other nations at Peking, for the reason that consular officers of Spain had no jurisdiction in such cases. Pursuant to the department’s directions in said instruction I inquired of the minister of state “if the lack of consular jurisdiction in China exists also in Morocco, and whether it is a casus omissus of Spanish legislation in regard to consular functions, or is merely an omission to make appropriate regulations in the matter.” I inclose copy (with translation) of his reply, dated March 30, but received April 4. By this it appears that Spanish ministers in Morocco have several times made agreements by exchange of notes with the ministers of other countries by virtue of which jurisdiction in trade-mark cases has been assumed by Spanish consular courts in Morocco.

At the diplomatic reception yesterday I asked the minister of state if Spanish consular courts in China were not competent to exercise a similar jurisdiction in case a like exchange of notes were made. He replied that he knew no reason why they could not exercise the same jurisdiction.

I am, etc.,

Wm. Miller Collier.

[Inclosure.—Translation.]

Ministry of State,
Madrid, March 30, 1907.

No. 31.]

Excellency: In answer to your courteous note of the 5th instant, in which your excellency declared the desire of knowing if the Spanish consuls in Morocco are authorized to subject to their jurisdiction the counterfeiters of trade-marks who may be Spanish and may commit the offense in said Empire, I have the honor to inform your excellency that, by means of exchanges of notes made in Tangier in 1899, 1900, and 1904, there was extended to Morocco the protection conceded to trade-marks registered in England, Germany, Austria-Hungary, France, and Italy, whose Governments enjoy reciprocally equal benefits upon the part of Spain, the counterfeiters being subject to the consular tribunal of their nationality.

I avail, etc.,

Manuel Allen de Salazar.