The question of whether goods similar to each other sold under the same trade name constitutes a violation of Chinese trademark laws is involved in an application made by Dr. S, Y. Yeh representing the Tootal Broadhurst Lee Ca, Lid, of Bradford, a British firm, to the Executive Yuan in Chungking for a retrial of their trademark case against the Cathay Knitting Works concerning the Pyramid" trademark. The action has been a protracted one, having been heard by the Trademark Bureau and the Ministry of Economics, and considerable interest is centred in the final decision owing to the important principles, involved.
The British firm originally claimed that the "Pyramid" trademark of the Cathay Knitting Works was a copy and infringement of their *Pyramid" trademark used on handkerchiefs, which has been duly registered and has been in use in China for more than fifteen years, during which time it became widely known here, It was alleged that respondents had adopted an identical trademark "Pyramid" for silk and woollen underwear and vests manufactured by them under the clothing group. and had also registered their trade name. which the British firm has been seeking to have expunged.
Claiming that under Article 36 of the old Trademark Regulations hats, clothing, collars and all wearing apparel fell under the same category handkerchiefs and, although grouped separately, were also considered wearing apparel, petitioners argued that the same would hold true under the new Trademark Laws.
Text read from the printed page and cleaned; old type leaves the occasional error.