Osnat G.m.b.H, Kommanditgevelischatt versus wer MUG Pacrony Cours: Mr. N.F, Allman for German firm; Mr: J. ¥, Wu for Chinese frm. important question" in the Chinese Trade Mark Law, involving the use of another's trade name, was recently decided upon by, the Trade Mark Bureau in Nanking, The facts of the case in question are a8 follows:—Osram G.m.bH. Kommanditgeselischatt, a German. firm, have used in China a Chinese trade name consisting of the words Osram foreign firm, The Wel Mintz Factory, a Chinese firm, adopted and used a jabd trade marie on batteries containing the words "Ah-Si-Lin-Pal" meaning Osram brand and such trade mark was approved by the Trade Mark Bureau, The Osram Company instituted opposition proceedings in the Tragle Mark Bureau for the cancellation of Wei Ming Factory's trade name the ground that the use of the words "Ab-Si-Lin" by Wei Ming Factory constituted an unauthorized use their trade name, contrary to. the Chinese 'Trade Mark Law. 'The opposition was upheld and trade mark. of Wel Ming Factory was cancelled, The Wei Ming Factory, however, was Gissatisfied and applied for a' re-examination to the Bureau. In their application, they argued that since the name. "Ah-Si-Lin-Yang-Hong" was rot registered with Chinese authorlties, such trade name could not be set up against others under the provisions of the Trade Mark Law Fe-lating to the unauthorized tse of another's trade name, The Osram Company took the position that another's trade name could not be used in a trade mark without its consent, whether or not such trade name was registered. This contention was upheld by the Trade Mark Bureau which also upheld the contention of Osram that the provision In the Chinese Trade Mark Law prohibiting the unauthorized use of another's trade name in a trade mark applies, whether or not the manufactured by the parties are the The Bureau's re-examination decision in the case mentions that according to the provision in Section 8 of Article 2 of the Trade Mark Law, the use of another's name, photograph, or trade name, as a trade mark can permitted only if the consent to such use has been obtained from. the owner thereof. Since the Wel Ming Factory thas not obtained the German firm's consent, it is illegal for It to make use of the firm's trade name as a trade mark, Counsel in the case were Mr. N. F. Allman for the German firm, and Mr. 'J. ¥, Wu for the Wei Ming Factory,
Text read from the printed page and cleaned; old type leaves the occasional error.