New-York tribune., 1874-04-25
OUR TRADE WITH RUSSIA.
THE CONVENTION RESPECTING TRADE
MARKS.

THE ARRANGEMENT MADE At ST. PETERSBURG
RUSSIAN LAW IN REGARD TO coUNrERFETrGNG
TRADEMARKS
lFRoN AN OCCASIONAL CORRESPONDENT THE rRrBUsE.l
st. PETERSBURG, March 3l.-The trade carried on
between the United States and Russia is much
smaller than il might easily be made, though the
two countries are in very similar position. and
there are few of the bulky articles of trade which
can be exchanged between the two countries In
gram Russia and America are competitors with the
markets of the world and the manufactures of
both countries are in such an undeyeloped state
stlll requiring protection, that their cost is, IN
general, too high for either country to export them
The chief articles imported here from the United
States are petroleum and cotton and the greater
portion of both of these does not come directly, but
Is sent by way of Liverpool or Hamburg, and in
the official statistics these things not credited
to America There are, however, many articles
ofAmeTlcan manufacture which skill and machinery,
in spite of the high wages aud high prices of
material, have lessened the cost of production,
and which can with advantage be sent to Russia.
That there has not been much trade in these arti-
cles is partly owing to the ignorance of American
manufacturers of the methods of doing business in
Russia, and partly owing to the rivalry which such
goods have had to keep up with counterfeit goods
OF the same description manufactured much more
CIltdply III various countries OF
To protect American manufacturers against these
forged and initiated articles an additional article
was made in 1853 to the Treaty of Commerce be-
tween Russia and tho United States, by which it
was forbidden to counterfeit in Russia articles
bearing American trademarks. 1t was soon found,
however, that this convention was of little practi-
cal effect, as almost no such articles were manu-
factured in Russia ITSELF but they were brought in
large quantities from abroad, especially from Ger
many and Belgium, where the manufacture of such
American articles as sewing g-machines scales,
and hatchets is carried on to a large extent.
In the same way Russia has been Hooded
with German counterfeits of English cutlery, which
are cheap and worthless. As illustration of how
well these counterfeits are sometimes made, may
mention that one of the,chief sewing gmachine manu-
facturers Of the United States saw at the Vienna
Exposition sewing machines of his pattern and
patent, made in Norway, which, except for the
number he could not have distinguished from those
of his own manufacture. Even the parts were inter
changeable. Such sewing-machnes, bearing trade
marks of Grover & Baker, Wheeler & Wilson, and
Others, were brought to Russia IN large quantities
and entirely undersold the genuine American
articles imported by 1.-THE actual agents of these
houses and there was no means OF preventing TINS,
because the treaty only provided for articles manu-
in st. Petersburg axes and hatchets bearing exact
fac SMILES of the label of the Collins Manufacturing
Company, which were probably made in Belgium.
Such axes are sold here In very large quantities.
though Collins a. Co. have never had agency
here and have never, to their knowledge, sold any
axes 70 Russian houses.
. legation as been for long time desirous OF
Overcoming the obstacles against which American
manufacturers have to labor, and proposed to the
arrrhr
would protect American goods against the sale OF
counterfeit articles manufactured IN other countries;
but there have been always difficulties in the way.
The Russian authorities claimed that trademarks
did not seem TO be sufficiently protected in the
United States by any act of Congress, though they
were by State laws and insisted on these State laws
being mentioned in any new arrangement made be-
tween the two countries. This, however, it was inn
possible to do as the General Government could not
control the legislation of the various States. After
much ne gOtiatlon. thanks to the energy displayed
in the matter by Mr.. Jewell whois himself an Amer
lean manufacturer and has been constantly in re-
ceipt of letters Of American manufacturers Oh
tins subect, an understanding has been
finally arrived at, which, 1t is believed,
will cover the whole ground, and an arrangement
was signed on Saturday by Prince Gortschakof and
Mr.. Jewell by which, with regard to the marks of
factures and trade American citizens in Russia and
Russian citizens in the United States will enjoy
exactly the same privileges as the natives of the
countries This arrangement is in the form OF a
declaration explanatory of the treaty which Is to
give effect Immediately and to have the same force
and duration as the treaty. and being such there is
no necessity for the formal exchange of ratcations
The declaration is the same as those recently made
by Russia with Germany and with Austria, and IN
the same form as the arrangements concluded with
England aud with France.
The Russian Government has made considerable
departure from its usual habit of drawing up all IN
ternatonal papers in French, in preparing TINS de-
claration regarding trademarks In both English ana
Russian. This was done in part to please the Gov
ernment of the United States, which now always
insists haall papers signedby it shall be written at
least in part in English. Under these circumstances
the Russians did not wish to French as the other
language of the instrument, as not being the Official
language Of the country, but offered to sign 1t IN
Russian, which of course accepted by the Loga-
ton. IL s, believe, the first international act be-
tween Russia and another country which has been
signed in the Russian language.
One peculiarity of the Russian law is that the
counterfeiting of trademarks is considered
fraudulent operation and even the sale Oh
counteIfeited goods with pretense that they are
real If looked upon as a fraud and punished criml-
nally. The criminal nature of the ofense does not
however, prevent the injured party from obtaining
damages for the injuries which he has suffered
Should there be any change IN the Russian law
making the penalties more severe or rendering IL
more easy to obtain Judgment against the seller OF
counterfeited trade marks by the present arrange
ment, Americans will at once have the advantage
Of it.
One reason why Americans have not succeeded