File No. 406/262–263.
Chargé Jay to the Secretary of State.
Tokyo, September 19, 1908.
Sir: Referring to my dispatch No. 419, of August 29, 1908, on the subject of the protection of trade-mark registrations in Japan, I have the honor to inclose herewith copy of an official note from Count Komura, minister for foreign affairs, to the British ambassador, in which it is stated that according to the interpretation of the administrative authorities concerned “under the trade-mark law at present in force in Japan it is not necessary, in obtaining registrations of a trade-mark, to have a business in Japan at the time, nor does the right of exclusive use of a trade-mark expire if the trade-mark [Page 536] is not used, so long as the business is not ceased. As regards foreign registered trade-marks which have been registered also in Japan and are under the protection of the Japanese trade-mark law, the right of exclusive use of such marks does not expire even if the business and the use of the trade-mark be ceased in Japan and in places to which the protection of the Japanese trade-mark law extends, unless business be also ceased in the foreign country.”
I have, etc.,