A number of tyre manufacturers have registered with the Chinese Trademark Bureau the tread designs originated by them for use on their tyres, Registration was granted to such tread designs as trademarks by the Trademark Bureau until about two years ago when the Trademark Bureau suddenly took the position that tyre tread designs could not be registered and protected as trademarks, This Position of the Trademark Bureau was based on substantially the grounds that:
(a) Tyre tread designs are used to avoid the skidding of tyres. (b) Tyre tread designs are necessarily similar to one another. (e) According to the provision in Article 14 of the Trademark Law, no right of exclusive use may be claimed in Tespect of tyre tread designs even if the designs are specially invented.
The question involved was of exireme importance as it affected all lyre tread designs already registered and to be registered. If the position taken by the Trademark Bureau was finally upheld, it would mean a confication of all the valuable trademark rights already acquired by tyre mánufacturers in their tread designs and a denial of protection to all such designs ip China.
The position taken by the Trademark Bureau was upheld by the former Ministry of Industries and the present Minisiry of Economics and was apparently supported by an Order issued by the Executive Yuan. This attitude on the part of the Chinese trademark authorities naturally affected all tyre manufacturers, including Dunlop Rubber Ca. (China), Ltd, Not only were the applications lor registration of tyre tread designs filed by Dunlop Rubber Ca. (China), Lid, rejected but some registrations already obtained by them were also ordered cancelled. below.
This is another instance where the continued efforts of a British company have contributed to an improvement in the workings of the Chinese Trademark Law, to be eventual benefit of all parties concerned. It will be recalled that some time ago, another British company, China Soap Ca, Ltd, took a very strong position in regard to the protection Of a well-known trademark against its being copied on similar goods and by continued efforts in that direction, succeeded in obtaining eventual recognition of the principle fought for. In both of these cases, the companies concerned obtained protection for themselves and at the same time fought and won their cases for the benefit of all parties concerned.
Text read from the printed page and cleaned; old type leaves the occasional error.