The Archive · 1932

Appeal in Trade Mark Case

Decision of Chinese Bureau Held — To Be Unjust

An appeal of considerable interest has been lodged by a local for-ign firm, the China Export-Import Bank Go. (represented by Dr. Wilhelm, of the law firm of Messrs, Musso, Pischer & Wilhelm) against decision of the Bureau of Trade been selling imported gss\ mutes The foreign firm in question has

for a number of yeara in China and in order to protect their goods, registered their trade mark by sending to the Bureau of Trade Marks block and black-white prints, while the trade mark was actually used in red, A Chinese factory also commenc-to manufacture gas mantles, marketing the same in the same Containers, the only difference from the China Export-Import @ Co's educts being " few details in the ign. But the Chinese factory applied for the registration of the trade mark in red and the opposition raised, at once by the China Export-Import & Bank Ca. was not sustained by, two decisions of the Bureau of Trade Marks on the ground that the registered trade mark of the China Export-Import Bank Ca. is in black and. the trade mark of the Chinese factory red.

In its petition to the Ministry of] Industries, appealing against the jon of the Bureau of Trade Marks, the China Export-Import Bank Ca., represented by Dr. F.. Wilhelm, points out that accord to the principles applied by. the Bureau of Trade Marks, colours! play a decisive part in, considering synch asthe appellants ity of trade marks and that, in been selling their products trade mark in red

Text read from the printed page and cleaned; old type leaves the occasional error.

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