File No. 406/242–244.
Chargé Jay to the Secretary of State.
Tokyo, August 29, 1908.
Sir: With reference to the department’s instruction No. 174 of July 16 last1, on the subject of protection of trade-mark registrations in Japan, I have the honor to inclose herewith copies of correspondence between the Japanese officials and the British Embassy of Tokyo, which have kindly been placed at my disposal by the latter.
It appears from the letter of Mr. Nakamatsu, the director of the patent bureau, to Mr. Crowe that Article XII of the Japanese trademark law is interpreted to apply only to cases where business had actually been begun in Japan and thereafter discontinued and does not apply to cases where no business at all has been done in Japan.
Mr. Nakamatsu further asserts that there is no provision in Japanese law in virtue of which a registered trade-mark can be canceled on the ground that business has not been begun in Japan.[Page 528]
The British Embassy has addressed an inquiry to the Japanese foreign office for further information on this subject and I have been promised a copy of their reply when it is received.
I have, etc.,
- Not printed.↩