The copying of a well-known registered trade-mark. on different Boods of the same or similar nature, with the intention of causing others to purchase the goods in the belief that they are the products of another, amounts to a deception of the general public, the Chinese Judielal Yuan has informed the Exceutivo Yuan In Nanking by means of a letter, and the provision in Section 4 of Article 2 of the Trademark Law should be applied, 'A free translation of the Judicial 'Yuan's letter, which is dated Jan-vary 7, 1937, and is labelled interpretation No. 1611, runs as follows:—"With reference to the oficial communication (No, 185) from your Honourable Yuan dated June' 26, 1036, requesting for an interpretation and' reply concerning a doubtful point regarding Section 4 of Article} 2 of the Trademark Law, the Committee of this Yuan for the Standard. zation of Legal Interpretation hi ow passed a resolution to the following effect: ete SP us chseette re haa spars, wt town hob ea wie a "Accordingly, this reply is sent to your Honourable Yuan your Honourable Yuan's information:
The Two Sections Commenting on this, Messrs. Allman, Davies & Kops, the American firm of attorneys-at-law, point out that Section 4 of Article 2 provides that anything which is likely to corrupt good morals, distur the peace or deceive the public may not be registered as a trademark, while Section 6 provides! that anything which is identical with, or similar to, that which is generally Known as another person's mark or medal and used on identical good may not be registered as a trademark, "According to an interpretation (No. 1008) issued by the Judicial Yuan on December 7, 1933, the provision in Section 6 is) applicable whether the. generally-known trademark has been registered or not, The effect of the present inter pretation, when considered in con-Junction with the 1933 interpretation, therefore, they point out, appears to be that if a well-known trademark. has not been registered, Its owner. may" oppose another's ' trademark. which is Identical to it or similar to provided that it is used on identical foods; if the well-known trademark been registered, its owner is given the additional protection of Doing entitled to prohibit others from registering his trademark even on different goods of the same or similar nature,
Text read from the printed page and cleaned; old type leaves the occasional error.