The Ambassador in China (Gauss) to the Secretary of State
[Received September 18.]
Sir: I have the honor to refer to the Embassy’s despatch no. 2569, May 16, 1944,36 transmitting a copy of an informal note of identical date to the Minister for Foreign Affairs37 on the subject of re-registration of trade-marks under present wartime conditions in China, and to the Embassy’s telegram 1495, September 3, 2  p.m., giving a translation in summary of measures reportedly promulgated by the Ministry of Economic Affairs governing foreign merchants who apply for extension of trade-mark registrations during wartime.
There is now enclosed a translation of a third-person note from the Ministry of Foreign Affairs dated September 4, 1944, quoting a communication received from the “appropriate authorities” and enclosing a copy38 of Accommodative Measures Governing the Application by Foreign Merchants for the Extension of Trade-Mark Registrations During Wartime which were promulgated by order of the Ministry of Economic Affairs on August 14, 1944.
It will be noted from an examination of these Measures that the Chinese Government has adopted a composite procedure embodying the elements of present practice both in the United States and in Great Britain: foreign merchants may submit the prescribed fee direct to the Trade-Mark Bureau as evidence of intention to apply for extension of trade-mark registrations (Article 3), and, in special circumstances, the Trade-Mark Bureau may extend the time prescribed by law for fulfilling requirements during which extension the right of exclusive use of the trade-mark shall remain valid (Article 4). It is believed that these Measures will provide satisfactory relief and protection to American holders of trade-mark rights in China who, because of war conditions, are unable to comply with the regulations as originally stipulated in the Trade-Mark Law.