Burdett, Senior Consul's Deputy, at the Provi Court on Bobo rary: s held the cond special mein private prosecution alleging an Infringement of the trademark of the Ruby Queen cigarette, The plaintiff was the B.A, T. Company represented by three lawyers prin cipal of whom was Mr,
Msun-ming, manag cigarette factory alleged to have been manufacturing and selling. brand known us Rosy Queer, a lengthy address Mr. Price said that the opposi Jcounsel's contention that ccording to the present trade mar laws the proceedings should be dismissed Deeause of a question pending with the Trade Mark Bureau in Nankin was totally unfounded by the in terpretation of these laws ax they
Under Article Mark Law reads, Jease a crime or civil Drought as a result of any matters having a bearing on the exclusive rights of a trade mark, no legal proceedings shall be commenced until after the report of the ex-Jaminers of the Trade Mark Bureau has been given on the matte Rosy Queen Not Registered Mr. Price would answer that the Rosy Queen trade mark has not been registered at the Bureat The defendant had merely applied for ita registration in accordance with the procedure provided for in the trade mark law when a trade mark has been submitted to be registered, the examiners look over the application and if it~ meets their Japproval on the face, it appears to the custom that they give decision in the matter themselves, If a decision has been rendered the trade mark is only published in the Trade Mark Gazette, and it is then open for any party object to the registration within six months or lose their opportunity. nip, Yen So UN ahaa RENNES of protesting the granting of the trade mark, From the evidence it appears the Rosy Queen hax been presented for registration and wan duly. bube Hished in the Noveraber jexu of the Trade Mark Gazette, The B.A.T. Company had protested against the tion of the trade mark for the Rosy Queen cigarette Init the Jeontempta that matters protest w: at Article 30
bearing on exclusive rights of any trade "mark pending "before the Bureau should vitiate legal proceedings before the Cirt, Counsel for the plaintitt held thut the article mentioned lid fon a totally different protest against an unregistered trade mark, Tt might be that trade mark already registered tinder the Trade Mark Bureau is objection.
a third parts counsel argued the could protest to the office of the Bureau against its registration, The party: feeling: itself ayerieved libeld to be entitled to an arbitrat that held to ben Ther translation of the provisions of Chinese Jaw as bearing on the subject.
The Rosy Queen had not been reistered ly the Bureau of Trade Marks in Nanking and the conten: tion that the proceedings. in the present case should he disillosved was held by Mr. Price to be une founded under Article 36, The Chinese lowy tense stated that they had asked the Bureau to arbitrate in the present matter and after a lengthy argument on both sides the case twas remanded for farther hearing,
Text read from the printed page and cleaned; old type leaves the occasional error.