File No. 406/213–215.
Chargé Jay to the Secretary of State.
Tokyo, July 1, 1908.
Sir: I have the honor to transmit herewith copies of notes exchanged between Mr. O’Brien and Count Hayashi on the subject of the registration and protection of trade-marks, with special reference to the recent negotiations.
The meaning of Count Hayashi’s note, stripped of technicalities, appears to be that any registered trade-mark, which is similar to the known trade-mark of another, may be canceled within three years, on the ground of such similarity; or it may be canceled at any time thereafter if the registered mark is calculated to work fraud upon the public, as all such imitations naturally are.
This reply of Count Hayashi, taken with other official and semiofficial statements of a like nature, seems to warrant the belief that the Japanese Government intends, by a broad construction of the existing law, to cancel or reject all wrongful registrations, no matter how long they may have been registered.
I have, etc.,