The Washington herald., 1908-04-09

was only SIignt variation IN the trade
mark The Buchanan firm is, By war
rant OF appointment, distillers 10 King
Edward and the Prince Of Wales. This
fact is set forth on the trademark label
The japanese imitators used the same
label. except that they substituted mean
ingiess initials for the letters which
represent 'his majesty" and his royal
hlghness." Thus the original label reads:
BY warrants Of appointment, distilers
20 II. NJ the King and II. r. H the
Prince OF Wales" The spurious label
READS, by Warrants of Appointment
disullers to 5. y, the King and s. n S.
the Prince of Wales" The theft was 40
apparent that denial was absurd. vet
three different courts refused 10 admit
the claim Of infringement. Finally tha
expression Of indignation became so gen
era! that cancellation OF the native
trademark was secured az the patent
once on the ground Of general similarity.
An infringement upon the trademark cf
Lea & FerriHs' sauce has also been re-
voked in the same manner.
In this connection II may be explained
that the japanese patent Office does not
recognize proprietary rights in a trade
mark, but does accept the priority righf.
IOEE1Eu
manufacturers VINO intend TO infroduce
their goo0s "a this country tn register
their trademarks in Tckyo before soma
one else gets ahead Of them. Two eases
In point are those Of the Congo Roofng
Company and the NJ A. Seed Dry Plate
company. Both Of these concerns failed
10 register their trademarks and placed
their accounts with japanese agents.
Later when they attempted 10 take steps
Tor protection, they found that the wilv
natives had already entered their trade
marks IN their own names. These firms
are now endeavorfug TO recover their
rights and their only recourse will be 10
puy out the tricky agents. American
manufacturers who wish 70 protect
themselves from japanese INFRINGEMENT
in both the japanese and Chinese markets
should suffer no delay in registering their
trademarks at the patent Office IN Tokyo.
They should take the further precaution
OF having the registration attended 10
by some patent attorney other than
native
The Japanese patent Office refuses to
allow common name TO be registered
as trademark. Among the applications
refused on this ground are such names
as 'gTamophone,' kodak, "carborun-
DUN, linotype. ''featherbone," and
aerograph- The argument Is advanced
that these names are so well known that
they are even in the dictionary, and
therefore no proprietary rights to them
can be recognized II the inventors OF
these words had registered them IN
Tokyo promptly. this objection could not
have been urged. and the owners OF new
name trademarks viii have no trouble IN
the future II they take time by the fore
lock Another stipulation of the patent
Office Is that no common firm name can
be registered as a trademark However.
the application OF this ruling seems to
depend largely on the personal knowledge
OF the clerk. The name Wheeler &
Wilson WAS rejected, while Windsor &
Newton" was accepted The last name
is that Of an English firm which manu-
features artists supplies, and il is quite
as well known in Great Britain as the
sewing machine firm is in America
It Is 70 be regretted that the japanese
have given themselves such bad busi-
ness reputation. No people ever needed
foreign confidence and credit more than
they do now, and no one will suffer from
their dishonest dealings as much as the
Japanese themselves. While the penalty
for their commercial delinquencies can
not be avoided on the ground Of igno-
rance. it Is nevertheless true that the
japanese are handicapped by inexperience
in business. Their training has been along
other lines. For eco years the virtues
they have admired and praeuced have
been loyalty. hlial piety, and courtesy.
Honesty in business was not IN their
code. The merchant was the lowest order
Of mankind, and a money-maKer was
despised. 1t IS not to be expected that in
fifty years q code OF morals in business
could be developed which viii compare
with that Of Europe and Arnerlcs-the
growth OF hundreds Of years of trading
and competition.
Also. it must be remembered that ths
dealings OF many white men IN the East
have not been such fine examples Of
commercial honesty as 20 inspire integ-
rity in Oriental imltatOrs The Japanese
viii learn their lesson OF Uprightness IN
the costly school of experience. Mean
while. let US hold them to their bargains
where We can. and. knowing their weak
ness. be not too harsh In our Judgment
or them. II may soften our criticisfa
somewhat 10 keep in mind the fact that
the white man himself sometimes Indul-
ges in Imitation and aduiteratioB. even 70
the extent that in the United States We
found it necessary 70 pass a pure food
law 20 protect US from ourselves
Copyright. 1893. b. Frederic ]. Haskin.l
To-morrovsS-ssnes Labor Con-
dftious.