The Bureau of Trademarks has recently made quite a few new and alarming changes in the interpreta tion of the Trademark Law and consequently in the consideration and examination of applications for the registration of trademarks have been adopted.
The most important change hi been made in respect of the interpretation of Article 14 of the Trademark Law. This article reads in the translation of the Bureau of Trademarks as follows instance, a trademark owner having Fegistered his trademark for white Wine in the class "spirits and wine" might be inquired if he also uses the same trademark for beer, which, in case he denies it, seems to be enough for the Bureau of Trademarks to resister the or similer trademark beer, belonging to the same class. This is only an example; actual inz quirles are for obvious reasons not quoted here but this example clearly illustrates the present tendencies of the Bureau, "The right of exclusive use of a trademark-acquired by @ person shall not prevent another from Indicating lis foods In the ordinary way by means of hile own name, or trade name, or the It seems entirely to forget that it intended to protect trade and. not to encourage trademark piracy which uunfallibly must be the consequence of the present methods. provided. that this. shall. not where, after a. trade mark has been registered by" another trade name identical with the one Fe= istered is used in bad faith."
Up to a few months ago, this article was interpreted to the effect that any name and in particular firm or hong names could be registered asa trade mark subject to such trademark rights being restricted by the eventual legal rights of a third party, acting In good faith, to such name gr trade name. For instance, the firm "Samson Rubber Ca," could register the word "Samson" as a_ trademark and acquire exclusive rights,. but could not prevent a person, whose ame happened to be Samson, acting good faith to sell the same goods with his private mame. appearing thereon. Owing to the fact that the firm o hong: names of foreign firms In China hardly enjoy any protection
status of foreign firms, extraterritorial count of the unsettled egal and non-extraterritorial, in China, the registration of the hong name was desirable in spite of the above cited restriction, for even if a firm were Yogistered with the Chinese authori~ ties, the firm or hong name is only protected within a radius of 80. from the place of business, as_provided for ina law of 102i stin' in
Text read from the printed page and cleaned; old type leaves the occasional error.