File No. 406/93–94.
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.
[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
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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.
