893.543/9–344: Telegram

The Ambassador in China (Gauss) to the Secretary of State

1495. National Herald yesterday’s date publishes translation of “war time regulations for foreign merchants applying for extension of trade-mark registration term” regularly promulgated by Ministry of Economic Affairs on August 14, 1944 (Department’s 245, February 17, 9 p.m., and 640, May 12, 3 p.m.34). Following is summary of [translation?]:

Article 7 of trade-mark law not applicable in wartime to foreign merchants desiring to extend trade mark registrations.
Foreign merchants should apply to Trade-Mark Bureau in name of original applicant producing certificate from Consul or Commercial Attaché in China, certificate of nationality, and other relevant documents and fees.
If documents mentioned in 2 unprocurable because of war conditions, foreign merchants may apply directly to Ministry of Economic Affairs forwarding appropriate fees as temporary expedient. Trade-Mark Bureau may after consideration fix period of time within which applicant must obtain trade-mark required documents and complete registration.
Application for extension of trade-mark registration should be made within 6 months from date of lapse, but period of time may be extended for additional 6 months [as?] war measure in accordance with article 10 of trade-mark law. Exclusive right of trade-mark shall remain valid during period of extension.

Full text by air mail.35

  1. Latter not printed.
  2. See despatch No. 2938, infra.