The Secretary of State to
Minister Conger.
Department of State,
Washington, October 12,
1904.
No. 843.]
Sir: I inclose herewith, for your information,
a copy of a note from the German ambassador at this capital, suggesting
that steps be taken to secure the postponement for a few months of the
date on which the new Chinese tracle-marks regulations are to go into
effect.
A copy of my note in reply is also inclosed.
I am, sir, etc.,
[Inclosure 1.]
The German Ambassador
to the Secretary of State.
Imperial German Embassy,
Lenox, Mass., September 29, 1904.
Dear Mr. Secretary: Understanding the
importance you attach to a clear understanding as regards all
questions connected with the trade of the Far East, I ask you to
permit me to draw your attention to the following:
In connection with the new treaty between America and China, the
Chinese Government, as reported by the German minister at Peking,
has issued regulations concerning the protection of trade-marks.
My Government considers these regulations a marked improvement over
the existing ones, and thinks that they contain certain passages
which might lead to misunderstandings and difficulties among the
trading communities.
As these regulations are not to come into force until October 23, my
Government is of the opinion that it would be advantageous to have
the date of their putting into force postponed for a few months in
order to gain time to have certain explanations or amendments added
which might save delays and misunderstandings in the future.
The German minister at Peking further reports that the American and
English merchants in China earnestly favor this postponement.
I venture to suggest that if you may consider a postponement wise,
the United States minister at Peking should be instructed to use his
influence in arranging for a postponement, as indicated above.
Asking you to favor me with a kind reply, I have the honor to be, Mr.
Secretary,
Yours, most sincerely,
[Page 241]
[Inclosure 2.]
The Secretary of
State to the German
Ambassador.
Department of State,
Washington, October 10,
1904.
My Dear Mr. Ambassador: I have received
your note of the 29th September, in which you inform me that your
Government is of the opinion that it would be advantageous to
postpone the date on which the regulations recently agreed upon
between the United States and the Chinese Government for the
registration of trade-marks should go into effect. This delay is
thought advisable by the Imperial German Government so as to secure
certain explanations or amendments which might save delays and
misunderstandings in the future.
In reply, I have to say that the regulations in question have been
formally recognized by the Chinese Government to be purely
experimental and subject to change or addition at any time. While
some of their provisions are perhaps burdensome and others too
intricate, our minister at Peking is of opinion that great delay
would undoubtedly occur, if, before these tentative regulations were
put in temporary operation, they were subjected to general
discussion and amendment. In this opinion I concurred, and it having
been made perfectly clear to the Chinese Government that we accept
the regulations as purely tentative and reserve the right to amend
or alter them at any time, we have agreed that they be put into
operation on the 23d of this month.
The American minister at Peking has informed me that his British and
Japanese colleagues are quite willing that these regulations in
their present shape shall be put in temporary operation, and our
consul-general at Shanghai has reported that at a meeting on August
3 of the American business men of that city “the feeling was quite
strong that it was very desirable to have some regulations at the
earliest possible moment.”
It is with sincere regret, therefore, that I do not see my way to
comply with the request of the Imperial German Government to
postpone for some months the putting into operation of these
trade-mark negotiations, but I trust that the reasons given above
may convince it that future delay and misunderstanding will be
probably best prevented by putting the regulations promptly on trial
and correcting them as circumstances and conditions may subsequently
prove to be desirable.
I am, my dear Baron von Sternburg,
Sincerely, yours,
