File No. 406/93–94.

Consul-General Denby to the Assistant Secretary of State .

No. 30.]

Sir: I have the honor to inclose herewith duplicate copies of a proclamation by the taotai of Shanghai, issued at my request, for the protection of American trade-marks. This proclamation seems to be in a satisfactory form and will facilitate the prosecution of Chinese for infringement of American brands.

Duplicate copies of all American trade-marks registered at this office are now sent to the commissioner of customs, with a request that one copy thereof be forwarded to the taotai.

I have, etc.,

Chas. Denby.

[Inclosure 1.]

Jui, intendant of Su Soong Tai circuit, in the matter of issuing a proclamation for the prohibition of imitating American goods.

On the 7th day of the 8th moon I received a letter from the American Consul-General Denby, which reads as follows:

“It has been reported to me by merchants of my country that recently unscrupulous Chinese are manufacturing imitations of well-known American brands of goods, such as kerosene oil, soap, Eagle brand of milk, stoves, stockings, etc., in order to make profit. These imitations are made to appear like the genuine articles, but in reality they are inferior goods which can be sold cheaper than the real things and still make a profit thereon. Take for example, the Standard Oil Company’s kerosene, which has gained a world-wide reputation for unvarying quality. It is found that people refill their empty tins with inferior oil with intention to defraud. They are aware it is dangerous but they do not heed it. This oil is sold as Standard Oil Company’s old brand oil, thereby not simply defrauding the public, but seriously injuring the good reputation of an honorable firm. This is not right and if allowed to continue will lead to friction between two friendly nations. Article IX of the commercial treaty between the United States and China provides:

“‘Whereas the United States undertakes to protect the citizens of any country in the exclusive use within the United States of any lawful trade-marks, provided that such country agrees by treaty or convention to give like protection to citizens of the United States.

“‘Therefore, the Government of China, in order to secure such protection in the United States for its subjects, now agrees to fully protect any citizen, firm, or corporation of the United States in the exclusive use in the Empire of China of any lawful trade-mark to the exclusive use of which in the United States they are entitled, or which they have adopted and used, or intend to adopt and use as soon as registered, for exclusive use within the Empire of China. To this end the Chinese Government agrees to issue by its proper authorities proclamations, having the force of law, forbidding all subjects of China from infringing on, imitating, or knowingly passing off an imitation of trade-marks belonging to citizens of the United States, which shall have been registered by the proper authorities of the United States at such offices as the Chinese Government will [Page 263] establish for such purposes, on payment of a reasonable fee, after due investigation by the Chinese authorities, and in compliance with reasonable regulations.’

“I now feel it my duty to point out to your honor the above facts and to request that you will issue a proclamation forbidding all under your jurisdiction the further manufacturing of imitations of American goods and secure for them a special protection.”

With the above letter four copies of trade-marks, both in English and Chinese, were also received.

Besides having replied to the above letter and ordered all officials under my jurisdiction to forbid such imitations, I issue this proclamation for the information of people of all classes that no one is hereafter allowed to imitate the Standard Oil Company’s registered brands, and should such case be discovered punishment and fine will be imposed upon the impostor. Dated 14th day of the 8th moon, 23d year of Kwang Hsu.