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TRADE MARKS
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See also:TRADE MARKS . A " trade See also:mark " may be defined as a See also:symbol, consisting in See also:general of a picture, a See also:label or a word or words, applied or attached to the goods of a trader for the purpose of distinguishing them from the similar goods of other traders, and of identifying them as his goods, or as those of his successors, in the business in which they are produced or put forward for See also:sale. A trade mark differs in its legal See also:character both from a patent and from a See also:copyright. In the See also:case of a trade mark the See also:property and the right to See also:protection are in the See also:device or symbol adopted to designate the goods to be sold, and not in the See also:article which is manufactured and sold. The arti: lc is open to the whole See also:world to manufacture and sell, and all that the ownerof the trade mark is entitled to prevent is such use of his mark by other traders as will See also:lead purchasers to buy, as his, goods which are not his. On the other See also:hand, patent-right and copy-right protect the substance of the article; and any unauthorized manufacture of it in the former case, or See also:reproduction of it in the latter, while the protection lasts, is prohibited. The grounds, however, on which trade marks, patent-right and copyright obtain legal recognition, though they are to a certain extent dissimilar, have a See also:common See also:element. Patent-right and copy-right See also:rest upon the view that the results of the See also:original labour of the inventor and the author ought, as a See also:matter alike of See also:justice and of public policy, to be secured against piracy; while, as regards the proprietor of a trade mark, the question of originality does not arise so See also:long as the mark is sufficiently distinctive really to identify his goods and, for purposes of See also:registration, to satisfy the Trade Marks Acts. In truth, the registration of a trade mark is rather the recognition of a fact than the See also: Loog (r88o, 18 Ch. D., 412), " is entitled to See also:present his goods as being the goods of another man, and no man is permitted to use any mark, sign or symbol, device or means, whereby, without making a See also:direct false See also:representation himself to a purchaser from him, he enables such purchaser to tell a See also:lie or to make a false representation to somebody else who is the ultimate customer." I. See also:British Trade Marks before the Registration Acts.—The existing law in the See also:United See also:Kingdom cannot be properly appreciated unless the subject is approached in the first instance from the See also:historical See also:side. See also:English trade-mark law practically commences with the first years of the 19th See also:century. The use of trade marks was indeed of far earlier date, for in 1742 we find See also:Lord See also:Hardwicke declaring that " every particular trader had some particular mark or See also:stamp," But in the very case in which Lord Hardwicke made that statement (See also:Blanchard v. Hilt, 2 Atkyns, 484) he refused to protect the " See also:Great See also:Mogul " stamp on See also:cards, being apparently See also:tinder the See also:influence of the notion that the legal recognition of trade marks would involve the creation of a new See also:species of See also:monopoly; and with regard to a case decided in the reign of James I. (See also:Southern v. How, Cro. Jac. 471), in which a See also:clothier had applied the mark of another clothier to his own inferior goods, the reports leave it doubtful whether the See also:action was brought by the owner of the mark, or by a defrauded customer, in which latter event it would be merely an See also:ordinary action for deceit. But although the actual law of trade marks cannot be traced farther back than the beginning of the 19th century, Lord See also:Eldon repeatedly granted injunctions to restrain one trader from fraudulently " passing off " his goods as those of another, and thus laid a See also:foundation on which the present law has been built up. The stages through which its development passed possess considerable See also:interest, and may he described quite briefly. The first reported case—apart from the doubtful one in the See also:time of James I. above referred to—in which the infringement of a trade mark (a label on blacking) was restrained by the See also:court of See also:chancery was See also:Day v. Day (See also:Eden on Injunctions, ed. 1821, p. 314) in 1816. In 1824 the common law courts, in the case of Sykes v. Sykes (3 B. & C. 541), established the right of the owner of an infringed trade mark to See also:damages. In 1833 it was held by the court of See also: See also:Fox (3 Mylne & See also:Craig 338), that an See also:injunction to restrain the infringement of a trade mark could be obtained, even although the defendant had acted without fraudulent See also:intent. On the common law side, on the other hand, See also:fraud was an essential ingredient in the cause of action, and remained so till the See also:fusion of law and equity by the Judicature Acts. The effect of Lord Cottenham's decision in the case of Milling-ton v. Fox clearly was to recognize a right of property in trade marks, and the action for infringement became a See also:familiar species of litigation. Under the then existing law, however, the See also:plain-tiff in such actions generally found himself in a very disadvantageous and unsatisfactory position. The basis of his action was the reputed association between his trade mark and his goods. This association the defendant—often a See also:person of no means—would deny, and it had to be proved as a fact by witnesses at a cost to the plaintiff which there was little See also:hope of his recovering. Moreover, even if the trade mark proprietor secured a See also:judgment in his favour, it carried with it no See also:immunity from the See also:obligation of again establishing his right to the mark against any subsequent infringer who See also:chose to dispute it. Thus—to take an interesting and pertinent See also:illustration given in Kerly on Trade Marks (p. 6) —the case of See also:Rodgers v. Nowill (22 L. J. Ch. 404) lasted five years and cost the plaintiff £2211, without giving him in the end any See also:security that he might not have to incur equal delay and expense in proving his See also:title to the exclusive use of the trade mark in proceeding against other defendants. To See also:complete this statement of the shortcomings of the law before the Merchandise Marks Act 1862, it should be noted that the infringement of trade marks—except in cases where the seller of spuriously marked goods cheated the buyer—was not a criminal offence. The remedies obviously needed were the See also:establishment of a See also:system of registration of trade marks which would simplify the See also:proof of a plaintiff's title, and the creation of a criminal law of false marking.' The first step in the accomplishment of the latter See also:object was taken by the Merchandise Marks Act 1862. II. Under the Registration Acts.—See also:Provision was first made for the registration of trade marks by the Trade Marks Registration Act 1875. That See also:statute made registration in the See also:register of trade marks which it established prima facie See also:evidence of the right of the registered proprietor to the exclusive use of the trade mark in connexion with goods of the class for which it was registered and used, and enacted that it should after the expiration of five years be conclusive proof of such right, provided that the proprietor of the mark remained the owner of the See also:goodwill of the business in which it was used. This provision was carried as to the act of 1883 (s. 76). The act also provided that a person should not be entitled to See also:institute any .proceeding to prevent the infringement of trade mark until it was registered, or (a later statutory modification) until, in the case of a mark in use before the passing of the act of 1875, registration of the mark as a trade mark had been refused. The act of 1875 was a considerable success, but no provision was made under it for the registration of words unless they either were old marks or were registered in See also:combination with one or more of the " essential particulars " prescribed by the act, such as a distinctive device, heading, mark, label or See also:ticket. These limitations excluded from registration most of the trade marks ordinarily in use. The Patents Designs and Trade Marks Act 1883 remedied this defect besides altering the law in other important respects. The act of 1883 was amended in 1888 on the recommendation of a See also:committee presided over by Lord See also:Herschell. Neither the act of 1875 nor those of 1883 and 1888 altered the common law See also:definition of a trade mark, nor contained any definition of the See also:term. The description in the acts of what was registrable as a trade mark led to much litigation, and the interpretations of the See also:judges See also:left commercial men dissatisfied on three points : (r) the number of See also:good and valuable trade marks which were not registrable; (2) that on allowing registration the patent See also:office insisted on disclaimers which hampered the owner in obtaining protection in the colonies and See also:foreign countries; (3) that there was no effective See also:period of See also:limitation to attacks on ' Further reference may be made, in regard to the subject of trade marks before the Registration Acts 1883-1888, to an admirable See also:introductory See also:chapter in Kerly on Trade Marks, and also to the See also:report of the Merchandise Marks Committee 1862, and the See also:annual reports of the commissioners add the See also:comptroller-general of patents from 1876 to 1884 (2nd report). x xvIT. 5registered trade marks, because though registration for five years was declared conclusive by s. 76 of the act of 1883, the See also:powers of the court to rectify the register could be invoked even after the See also:lapse of the five years (re Gestetner's Trade Mark, 1907, 2 Ch. 478). In re-enacting and enlarging the provisions of the act of 1875 the act of 1883 laid down certain essential particulars of one at least whereof a trade mark must consist to be registrable. These particulars will be considered later in dealing with the present law. The act of 1883 first provided for " word marks," and included among them " a See also:fancy word or words not in common use " [s. 64, (1) (c)]. The expression " fancy word," used in the act of 1883, gave rise to considerable difference of See also:opinion. It was interpreted by the court of See also:appeal as See also:equivalent to " obviously meaningless as applied to the article in question," or " obviously non-descriptive." In accordance with this See also:interpretation, the words " See also:gem " for guns, " See also:melrose " for a See also:hair restorer, " electric " for See also:velveteen, and " washerine " for a See also:soap were all held not to be registrable. On the recommendation, however, in 18871 of a committee appointed by the See also:board of trade, and presided over by Lord Herschell, the expression " invented word " was substituted for " fancy word " by the act of 1888. In 1905 and 1907 the legislation as to trade marks was amended and remodelled. A See also:bill was introduced in 1905 at the instance of the See also:London Chamber of See also:Commerce, and after See also:consideration by a select committee became the Trade Marks Act 1905. This act repeals the bulk of the provisions of the Patents, &c., Acts of 1883 and ,888 with respect to trade marks, and embodies them with amendments (to be noticed later) in a See also:separate statute. The only portions of the earlier acts left See also:standing with respect to trade marks were ss. 83 and 84 (as amended in 1885 and 1888) with reference to the See also:administration in the patent office of the law as to trade marks (1905, s. 74); SS. 103 and 104 of the act of 1883 (as amended in 1885rrelating to registration of trade-marks, both as enacted in the acts of 1883 and 1885 and as applied by orders in See also:council, are to be read as applying to trade marks registrable under the act of 1905 (s. 65). The sections of the Patents Acts of 1883, 1885 and 1888, thus preserved as to trade marks, were repealed by the Patents and Designs Act 1907. Sections 62 seq. of this act replace ss. 83 and 84 of the act of 1883, and retain the administration of trade mark law in the patent office; and s. 91 replaces ss. 103 and 104 of the act of 1883 as to See also:international and colonial arrangements for mutual protection (inter alia) of trade marks. According to the rule laid down by the Interpretation Act 1889 the references in the act of 1905 to the acts of 1883, &c., are to be read as applying to the above-stated sections of the act of 1907. The act of 1905 differs from the preceding acts in containing a definition of trade mark for the purposes of the act unless the context otherwise requires; viz. that it " shall mean a mark used or proposed to be used upon or in connexion with goods for the purposeof indicating that they are the goods of the proprietor of such mark by virtue of manufacture, selection, certification, dealing with or offering for sale "; and " mark " is defined as including " a device, See also:brand, heading, label, name, See also:signature, word, See also:letter, See also:numeral or any combination thereof " (s. 3). The act, modifying to the extent indicated in italics the acts of '883 and 1888, prescribes (s. 9) that a trade mark to be registrable must contain or consist of at least one of the following essential particulars 1. The name of a See also:company, individual or See also:firm represented in a special or particular manner (under the act of 1883 it has been held that the name must be in the nominative case, and- that ordinary See also:printing is not representation in a particular manner). 2. The signature of the applicant for registration or some predecessor in his business. It is not clear that this includes descriptive trading styles. 3. An invented word or words. 4. A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a See also:geographical name or a surname. 5. Any other distinctive mark; but a name, signature, or word or words other than such as fall within the descriptions in the above paragraphs r, 2, 3 and 4, shall not, except by See also:order of the board of trade or of the court, be deemed a distinctive mark. By distinctive is meant " adapted to distinguish the goods of the proprietor of the trade mark from those of other persons ": and " in determining whether a trade mark is so adapted the tribunal may in the case of a trade mark in actual use take into consideration the extent to which such YI user has rendered such trade mark in fact distinctive for the goods in respect of which it is registered or proposed to be registered." Where the mark is limited to specified See also:colours, that fact may be taken into See also:account in deciding whether the mark is distinctive (s. I o). There are certain special rules as to See also:cotton marks. Trade marks containing the essential particulars are not registrable if they contain any matter which would by See also:reason of its being calculated to deceive or otherwise be disentitled to protection in a court of justice or would be contrary to law or morality, or any scandalous See also:design (s. II). (See Eno v. Dunn, 1890, 15 App. Cas. 243, and the " Motricine " case, 1907, 2 Ch. 435.) Registration of the same matter as a trade mark under the act of 1905 and as a design under the Patents and Designs Act (1907) is possible (re U.S. Playing Card Co.'s Applic., 1907, W. N. 251). Old marks are registrable, i.e. any special or distinctive word or words, letter, numeral or combination of letters or numerals, used by the applicant or his predecessors in business before the 14th of See also:August 1875, subject to the qualification that it has " continued to be used either in its original See also:form or with additions or alterations not substantially affecting the same down to the date of the application for registration " (s. 9). In the case of new marks, but not of old marks, a trade mark is not registrable except by order of the court in respect of any goods or description of goods which is identical with a mark already on the register with respect to such goods or description of goods, or so nearly resembles such registered mark as to be calculated to deceive (s. 19). Most controversy arose under the acts of 1883 and 1888 as to the meaning of the phrase " invented word " preserved in the act Invented of 1905. An invented word need not be wholly Words. meaningless, nor is it disqualified because words may have suggested it. Thus mazawattee " was held to be an " invented word," although the latter See also:part of it was a Sinhalese term meaning " See also:estate," and there were estates in See also:Ceylon having names ending with " wattee " from which See also:tea came; and in a leading case on the construction of the clauses under consideration (Eastman Co.'s Trade Mark, L. See also:Rep. 1898, A. C. 571), the word " solio " was held to be registrable as a trade mark for photographic printing See also:paper under both clauses, although it was objected that " solio " was equivalent to " sunio." The expression " calculated to deceive " has been considered by the courts in very many cases. It is not merely or chiefly the retailer or dealer-who has to be kept in view when the question of the likelihood of deception is under consideration. The courts have regard also, and mainly, to the ultimate purchaser whom the trade mark may reach, and careless or unwary persons are considered as well as those who are careful and intelligent. The See also:judge's See also:eye is the ultimate test as to the degree of resemblance that is calculated to deceive, although See also:expert evidence on the point is admissible. " Savonol " for soap (J. C. & J. See also: 337). Subsections (3) and (4), it should be noted, are See also:independent: the former deals with newly-coined words, the latter deals with the existing words of. the English See also:language, or of other See also:languages likely to be known to the public. A word which is really " invented " may be registered, whether it is descriptive or not. An old word used in a new sense is not invented (Hommel v. See also:Bauer & Co., 1904, 21 R.P.C. 576). The exact See also:scope of clause (5) as to other distinctive marks has not been much discussed by the courts. Registration was allowed of the word " See also:apollinaris " as a distinctive mark for the See also:mineral See also:waters of the applicants, on an undertaking to apply it only to See also:water from the See also:Neuenahr See also:spring or See also:district (in re Apollinaris Trade Mark, 1907, 2 Ch. 178). Under See also:prior legislation the mark had been refused registration as being a geographical name (re Apollinaris Co.'s Trade Mark, 1891, 2 Ch. 186). Identical marks (except old marks) may not be registered in respect of the same goods, or goods of the same description, for Identical two different persons (s. 19) ; and where several appli-Marks. cants make See also:rival claims to identical marks the registrar may refuse to register until their rights have been deter-See also:mined by the court or settled by agreement in manner approved by the registrar, or, on appeal, by the board of trade (s. 20). In the case of honest concurrent user or of other special circumstances making it proper so to do, the court may permit the registration of the same mark or of nearly identical marks for the same goods by more than one owner, subject to such conditions or limitations, if any, as to mode or See also:place of use or otherwise as the court may think it right to impose (s. 21). New provisions were made in 1905 as to what are called " associated trade marks." Where registration is sought for a mark so closely resembling a mark of the applicant already on the register for the same goods as to be calculated to deceive or cause confusion if used by any one but the applicant, the registration of the new markmay be conditional on entering both marks as associated trade marks (s. 24). This See also:section applies only to marks closely resembling one already on the register for the same goods or See also:des- AssocIated cription of goods, and has nothing to do with identical Marks. marks (See also:Birmingham Small Arms Co.'s Application, 1907, 2 Ch. 396). In the case of combined trade marks provision is made for registering as separate trade marks the part in which the applicant has exclusive rights, and as associated marks trade marks of which the exclusive portion forms a part (s. 25). A See also:series of trade marks of the same owner may be registered on one registration as associated marks (s. 26). Provision is made for allowing the registration of marks used upon or in connexion with goods by an association (or person) which undertakes the examination of goods in respect standard_ of origin, material, mode of manufacture, quality, 1sation accuracy, or other characteristic, and certifies the result marks. of the examination by marks used upon or in connexion with the goods. These marks cannot be registered unless the board of trade consider their registration of public See also:advantage. Their registration is not conditional on the association or person being a trader or having goodwill in connexion with the examination or certification. The registration gives the association or person the rights of the owner of a registered trade mark, except that See also:assignment and transmission needs permission of the board of trade (s. 62). In respect of cotton piece-goods, marks consisting of a See also:line heading alone or a word alone are not registrable, and no word or line heading is treated as distinctive in respect of such goods. In Cotton respect of cotton See also:yarn the same rule applies with respect Marks. to words, and no registration of any cotton mark gives any exclusive right to the use of a word, letter, numeral, line, heading or combination thereof [s. 64 (so)]. By s. 68, which is a re-enactment of s. 105 of the Patents, &c., Act, 1883, it is made illegal for any person without the authority of the king to use the royal arms in any trade in such a manner use oI as to create the belief that he has authority so to do; See also:Royat a similar provision is embodied in the Merchandise arms, &c. Marks Act 1898 of the Isle of Man. The central register of trade marks is kept at the Patent Office, See also:Southampton Buildings, London, and is under the See also:charge of the comptroller-general of patents, designs and trade marks, Registries. who is appointed by and acts under the superintendence of the board of trade, and has a See also:deputy the registrar of trade marks. There is a See also:branch registry at See also:Manchester, whose See also:chief officer is the keeper of cotton marks, which deals with all applications for the registration of trade marks for cotton goods falling within classes 23, 24, 25 in See also:schedule 3 of the Trade Marks Rules 1906. The registry has been long established, but was not recognized by statute till 1905. Records are kept and are open to public inspection of all applications made since 1875, whether granted or refused. There is a branch registry at See also:Sheffield containing the marks for See also:metal goods (" Sheffield marks ") registered by persons carrying on business in or within six See also:miles of Hallamshire. The care of this register is vested in the Cutlers' Company, who are substituted for the comptroller as to registration of " Sheffield marks " (s. 63). Applications made to the company are notified to the registrar, and may not be proceeded with if he See also:objects. Any person aggrieved by the registrar s objection may appeal to the court. Applications made to the registrar for metal marks are notified to the Cutlers' Company. Persons aggrieved by the decision of the Cutlers' Company have an appeal to the courts (s. 64). In 1906 fourteen applications were made at the See also:head registry which were all dealt with by the Cutlers' Company. That company, by arrangement made with the See also:sanction of the See also:treasury, retain all fees taken at Sheffield with respect to registration up to £400, and See also:half of the fees received in excess of that amount (Part. Pap., 1907, No. 164, p. 9). A trade mark must be registered in respect of particular goods or classes of goods (s. 8), and the See also:classification in force is scheduled to the Trade Marks Rules 1906 (R. & O., 1906, No. 233). Doubts as to the class to which the goods in question See also:Procedure. belong are settled by the registrar. The procedure for obtaining registration is regulated by the act of 1905 and the rules above mentioned. The registrar has See also:power to refuse applications or accept them absolutely or subject to conditions, amendments and modifications (s. 12). His discretion is not See also:absolute, but subject to the provisions of the act (re Birmingham Small Arms Co.'s Application, 1907, 2 Ch. 396) ; and he must if required See also:state his reasons, and his decision is subject to appeal to the board of trade or the court at the See also:option of the applicant [s. 12 (3)]. " New marks " may not be placed on the register except by order of the court for any goods or description of goods which are identical with marks already on the register with respect to the same goods, &c., or so nearly resemble a registered mark as to be calculated to deceive (s. 19). The question whether particular goods are of the same description is not determined solely by reference to the statutory classification. " The true test," says Kerly (Trade Marks, p. 181), " would seem to be supplied by the question: Are the two sets of goods so commonly dealt in by the same trader that his customers, knowing his mark in connexion with one set, and seeing it upon the others, would be likely to suppose that it was used upon them also to indicate that they were his goods? " See also:Wine and See also:spirits, See also:beer, and even aperient drinks and See also:baking See also:powder, have been held to be " goods of the same description." When a trade mark contains (1) parts not separately registered as trade marks or (2) matter common to the trade or otherwise of a non-distinctive character, the registrar, or the board of trade or the court, in deciding whether the mark shall be entered or retained on the register, may impose as a See also:condition that the owner shall disclaim all right to exclusive use of any part or parts of such trade mark or of all or any portion of such matter to the exclusive use whereof they deem him not to be entitled, or make any other See also:disclaimer which they consider needful to define his rights under the registration (s. 15). Marks• calculated to deceive are not entitled to protection (Eno v. Dunn, 1890, 15 App. Cas. 250). Applications as accepted are advertised; the advertisements state the conditions, if any, imposed on See also:acceptance (s. 13). See also:Notice of opposition to the registration of a trade mark may be given under s. 14 of the act of 1905 (which replaces s. 69 of the act of 1883). The registrar after consideration decides whether the opposition is well or See also:ill founded. His decision is subject to appeal to the High Court or by consent of the parties to the board of trade (1905, s. 14 (5)1. In 1906 there were 251 notices of opposition, of which 51 were heard. There were 4 appeals to the board of trade, all referred by the board to the court under s. 59 of the act. There may be added to any one or more of the " essential particulars " above enumerated any Ietters, words or figures, or a combination of these. But the right to the exclusive use of the added matter must be disclaimed. A man is not required, however, to disclaim his own name, or trade name, or that of his place of business, if the name appears in the mark. The number of applications to register trade marks in 1884 was 7104, and the number of marks registered 4523. In 1906 the corresponding figures were 11,414 and 4731. These figures included 153 applications made to the Cutlers' Company at Sheffield (Parl. Pap., 1907, 164, 24th report). The register may be corrected on the See also:request of the registered owner of a trade mark as to errors or changes of address in the name Comtloa of the registered owner, or by cancelling entries of cw'tioq marks or by striking out classes of goods for which a"Al Hon of er a mark is registered or by entering disclaimers or the Register. memoranda as to a mark, provided that they do not extend the rights given by the existing registration (s. 33). A registered trade mark may be altered or added to in matters not substantially affecting its identity (s. 34). Thus a firm on be-coming a limited company has been allowed to add the word " limited " to its name upon a registered mark, but no alteration will be permitted in regard to any " essential particular." In the above cases the corrections or alterations are made by the registrar subject to appeal to the board of trade (ss. 32, 34). A registered trade mark may be taken off by order of the court on the application of a person aggrieved, on the ground that it was registered without a See also:bona fide intention to use it in connexion with a particular class of goods, and that there has not been any such bona fide user, or that there has been no such bona fide user during the five years preceding the application. Non-user may be excused if proved to be owing to special circumstances and not to any intention not to use or to abandon the use of the mark (s. 37). (See re See also:Hare's Trade Mark, 1907, 24 R.P.C. 263). The register may be rectified by order of the court on the application of any person aggrieved, or in the case of fraud in registration or transmission of the mark on the application of the registrar. The powers of rectification include correcting or expunging wrong entries, supplying errors and omissions and defects (s• 35). Registration is effective for 14 years but is renewable (s. 28). The registration if valid gives the proprietor the exclusive right to Effect of the use of the mark on or in connexion with the Rensrra- This es rule is subject which to theisfollowing registered (a) Where two or more persons are registered owners of the same or substantially the same mark in respect of the same goods, no one of them shall as against any other of them have any right of exclusive user except so far as their respective rights have been defined by the court. (b) Registration of a trade mark does not entitle the proprietor to interfere with or restrain the user by any person of a similar mark upon or in connexion with goods upon or in connexion with which such person has by himself or his predecessors in business continuously used such trade mark from a date anterior to the use of the mark by the registered proprietor, or to object to the registration of the other man's similar mark for concurrent user. In all legal proceedings See also:relating to a registered trade mark registration is prima facie evidence of validity, and after seven years from the original registration, or seven years from the passing of the act of 1905, whichever shall last happen, the original registration shall he taken to be valid in all respects unless it was obtained by fraud, or the mark offends against s. r i of the act. This See also:pro-See also:vision as to validity limits the power which formerly existed ofhis acts or refusals to the court or the board of trade Appeals,@a (ss. 53, 54). In cases of difficulty he consults the law See also:officers (s. 56). Actions or other proceedings with relation to trade marks, so fai as they are for the court, may be brought in the High Court of Justice in See also:England or•See also:Ireland and in the Court of Session in See also:Scotland (ss. 3, 69). In the case of marks registered on application at the Manchester branch; the chancery court of See also:Lancaster has concurrent See also:jurisdiction with the High Court (s. 71). Actions for infringement of a trade mark are not within the jurisdiction of the See also:county court (See also:Bow v. See also:Hart, 1905, I K.B. 592). An annual report is made by the comptroller-general of patents, &c., as to proceedings with reference to trade marks. " calculated to deceive " a purchaser from him, the use of them is illegal. To this general rule there are several exceptions:- 1. No monopoly is allowed in names that are merely descriptive. But words which prima facie are descriptive, such as See also:camel-hair belting," for belting made of camel-hair (Reddaway v. Benham. getting rid of long registered marks by proceedings to rectify the register. Registered trade marks are assignable and transmissible only with the goodwill of the business concerned in the goods for which they are registered, and are determinable with the goodwill (s. 22). Associated marks are assignable and transmissible only as a whole and not separately (s. 27). The owner of `a registered mark may assign the right to use his 'registered mark in any British See also:possession or See also:protectorate or foreign See also:country in connexion with any goods for which it is registered, together with the goodwill of the business therein of such goods (s. 22). Provision is made for apportioning marks where the goodwill of a business by See also:dissolution of See also:partnership or otherwise does not pass to a single successor (s. 23). The assignments, &c., on proof of title; are recorded on the register (s. 33). It is a condition precedent to an action for the infringement of a new trade mark that the plaintiff should be the registered proprietor of the mark at the time when the action comes on for See also:hearing. This last provision does hot apply ' to an action for " passing-off " (vide infra). In actions for infringement, evidence of passing off, or that the infringing mark is calculated to deceive, is not necessary. The court decides on the See also:probability of deception by inspecting and comparing the marks (Hennessy v. Keating, 1907, 24 R.P.C. 485).
In the case of an old mark in use before the 14th of August 1875 proceedings may be taken if registration under the act of 1907 has been refused (s. 42).
The right to a trade mark lapses if the mark ceases to be distinctive and becomes publici See also:juris; if it is separated from the goodwill (a trade mark can only be assigned with the goodwill) ; if the mark is applied by the trader to. See also:spurious goods (as where boxes of cigarettes were so Iabelled, in conformity with an alleged See also:custom of the trade, as to indicate that they were of See also:Russian manufacture, which was not the fact; or when the mark is abandoned) ; (temporary disuse, however, is not See also:abandonment unless the mark has in the meantime become associated with the goods of another trader) ; or where, as in the " linoleum " case (7 Ch. D. 834) it has become the name of the goods, and so merely descriptive; or after fourteen years where registration is not renewed. In dealing with a claim for infringement the court must admit evidence of the usages of trade as to the get-up of the goods for which the mark is registered, and of any trade marks or get-up legitimately used with such goods by other persons (s• 43)•
The registrar has an uncontrolled discretion in the administration of the act, except in those cases in which an appeal is given from
1896, App. Cas. 199), or " See also: 217), may be shown to have acquired by long use a " secondary distinctive meaning," and, in fact, to mean the goods of a particular trader. And where a defendant is not selling the genuine goods indicated by the name, as where the See also:composition of the goods is a See also:secret, even if the name might otherwise be taken as merely that of the goods, he cannot rely on the See also:defence that the name is descriptive (Birmingham See also:Vinegar Co. v. See also:Powell, 1897, App. Cas. 710; the " See also:Yorkshire Relish Case "). If, however, the See also:primary meaning of the word is See also:simple and well known, it is extremely difficult to establish a secondary meaning exclusive of the primary one (Hommel v. Bauer & Co., 1905, 22 R.P.C. 43; Haematogen," a preparation for forming See also:blood, secondary meaning not established; cf. Fells v. Hedley & Co., 1904, 21 R.P.C. 91; " See also:Naphtha soap," secondary meaning not established; Wurm v. See also:Webster & Girling, 1904, 21 R.P.C. 373; " See also: (2) A trader cannot be prevented from trading under his own name, if he is using it honestly (bona fide) ; even though from its similarity to the name of another trader—even one previously well-establishedit may injure the business of the latter (See also:Burgess v. Burgess, 1853, 3 De See also:Gex, M. & G. 896; See also:Turton v. Turton, 1889, 42 Ch. D. 128; See also:Dunlop Pneumatic See also:Tyre Co. v. Dunlop Motor Co., 1907, App. Cas. 430). This right is recognized by the Trade Marks Act 1905, s. 44, which provides that registration of a trade mark under the act shall not interfere with any bona fide use by any person of his own name or place of business or that of any of his predecessors in business. But if a trader has never carried on such a business on his own account or in partnership with others, he cannot, by promoting and registering a See also:joint-stock company with a title of which his name forms part, confer on the company the rights which he as an individual possesses in the use of his name (See also:Fine Cotton Spinners, &c., Association Ltd. and See also: It is provided by the Companies Act 1862 (s. 20), that no company shall be registered under a name identical with that by which a subsisting company is already registered, or so nearly resembling it as to be calculated to deceive, unless the subsisting company is in See also:process of being See also:wound up and consents to such registration; and provision is also made for a See also:change of the name of any company which, through inadvertence or otherwise, is registered under a name coming within the statutory See also:prohibition. It is to be observed (cf. Buckley, Companies Acts, 8th ed. p. 27) that (a) the Companies Act 1862 applies only to the case of taking the name of a subsisting company already registered, and not to a case where a new company proposes to register in the name of, or in a name closely resembling, the name of an old-established company which is not registered, or of a firm or individual trader; (b) that as soon as the new company is registered the act ceases to apply; and (c) that the act forbids registration irrespectively of the question whether the business proposed to be carried on by the new company is the same as that of the subsisting company or not. But the provisions of the Companies Act on this subject are merely supplemental to the common raw, and any company trading in the United Kingdom may restrain persons from registering a new company to carryon a rival business under a name identical with or so similar as to be calculated to deceive, and a company already registered under such a name may be restrained from carrying on a rival business under it. The right to interfere depends not upon fraud but upon the tendency of the similarity to cause confusion, deception or See also:mistake (Fine Cotton Spinners case above cited; Birmingham Small Arms Co. v. See also:Webb, 1907, 24 R.P.C. 27; See also:Star See also:Cycle Co. v. Frankenburgs, 1907, 24 R.P.C. 405: re Reddaway & Co., 1907, 24 R.P.C. 203). In such proceedings evidence is admissible to show how the existingcompany has used the name,. and what, by reason of its connecting that name with its goods, the public have come to at-See also:tribute to it (Daimler Motor See also:Car Co. v. London Daimler Co., 1907, 24 R.P.C. 379). A new company will not be allowed to take the whole -name of a subsisting company, even although that name is of a descriptive character (Manchester Brewery Co. Ltd. v. See also:North See also:Cheshire and Manchester Brewery Co. Ltd., 1899, App. Cas. 83). The purchaser of the goodwill of a business has the right to use the trade name under which the business is known, and to restrain others from using it or such imitations of it as may Rights of mislead the public. But he is not entitled by the use Al of the trade name to make the vendor liable, under the See also:doctrine of " holding out," for debts of the business incurred after the sale. And if the vendor of the goodwill gave his name to the business, he cannot (in the See also:absence of any restrictive condition in the agreement for sale) be prevented from beginning to trade in his own name again, unless it be shown that in so doing he is attempting to deceive the public into the belief that he is still the owner of the old business. In construing the words " calculated to deceive " (s. 20) the courts will adopt principles closely analogous to those applicable in " passing off " cases in which the question is raised whether a trade name or the description or get-up of a particular class of goods is or is not likely to deceive (British Vacuum Cleaner Co. v. New Vacuum Cleaner Co., 1907, 2 Ch. 312 ; Aerators Ltd. v. Tollett, 1902, 2 Ch. 319, 324). When the names of the two companies contain terms of common ordinary meaning descriptisc of an article, s. 20 will be applied less readily than where the words said to create the confusion are of the character of fancy words relating rather to the maker than the article (Vacuum Cleaner Case). IV. Merchandise Marks.—The first See also:attempt to make the falsification of trade marks a criminal offence was in the Merchandise Marks Act 1862 (25 & 26 Viet. C. 88). That statute provided that the See also:forgery of a trade mark with intent to defraud, and the false application of a trade mark to goods with the like intent, should be misdemeanours, but left upon the prosecutor the See also:burden of establishing the fraudulent intent. The act contained no provision for See also:summary prosecutions, and did not provide for the seizure of falsely-marked goods on importation from abroad. The international See also:convention for the protection of See also:industrial property, made at See also:Paris in 1883, to which Great See also:Britain acceded in 1884, contains a provision that all goods illegally bearing a trade mark or trade name may be seized on importation into those states of the See also:union where the mark or name has a right to legal protection, and that the seizure shall be effected at the request of either the proper public See also:department or of the interested party, pursuant to the See also:internal legislation of each country. The law had to be amended in order to carry out this article in the convention, and the Merchandise Marks Act 1887 was passed to effectuate this object and generally to make better provision for the protection of merchandise. It was subsequently amended in 1891 and 1894. The effect of the provisions of these statutes may be briefly stated. Any person is guilty of an offence, punishable on See also:indictment or summary conviction by fine or imprisonment, who does any of the five following acts, unless he proves as regards the first four of them that he acted without intent to defraud (there is a special defence to No. v. which is noted below): (i). forges any trade mark, or makes, disposes of, or has in his possession for such purpose any See also:die or See also:instrument; (ii.) falsely applies any trade mark or a colourable See also:imitation of any trade mark to goods; (iii.) applies any false trade description to goods; (iv.) causes any of 'the above offences to be committed; (v.) sells or exposes for sale, or has in his possession for sale, trade or manufacture, any goods or things to which any forged trade mark or false trade description is applied, or any trade mark or colourable imitation of a trade mark is falsely applied, unless the defendant proves that, having taken all reasonable precautions, he had no ground to suspect the genuineness of the mark, &c., and also that on demand he gave to the prosecutor all the See also:information in his power as to the person from whom he obtained the goods, &c., or proves that he otherwise acted " innocently." (See Thwaites Es. Co. v. McEvilly, 1903, 20 R.P.C. 663). " Trade description " is defined as any descriptive statement or other indication as to the measurement, quantity (not quality, it should be observed), or See also:weight, place or mode of See also:production, or the material of the goods, or as to their being subject to an existing patent, privilege or copyright; conventional or customary Trade descriptions lawfully in use in August 1887 to indicate riptlon.that the goods are of a particular class or method of rac manufacture are allowed to be continued; but if they contain the name of a place and are calculated to mislead as to the real place of production, the name of the latter must be added. The test of what is a trade description depends upon the understanding of the trade and not on scientific correctness (See also:Fowler v. Cripps, 1906, 1 K.B. 16). On a See also:prosecution for any of these offences, there is a power to forfeit the things found although no one is convicted. If the offender is indicted (it is in his option to be tried in this way) the See also:punishment is fine and imprisonment, the latter not to exceed two years. On summary conviction the punishment is not to exceed, for a first offence, four. months' imprisonment, with or without hard labour, and a fine of X20; and for any subsequent offence six months' imprisonment and a fine of X50. The importation is forbidden of goods by means of or in relation to which an offence against the acts has been committed, and also of all goods of foreign manufacture bearing any name or trade name being or purporting to be that of a manufacturer or trader within the country, unless it be accompanied by a definite indication of the country where the goods were made or produced. There are also special provisions with regard to the marking of catch-cases. The commissioners of customs have power to make general orders for carrying out the Merchandise Marks Acts. (See Regulations of the 1st of See also:December 1887, Stat. R. & O. Revised, 1904, vol. viii. tit. Merchandise Marks.) Prosecutions may be undertaken by the board of trade in cases appearing to affect the general interests of the country or of a section of the community, or of a trade, subject to regulations made on the 21st of May 1892; and the board of See also:agriculture and See also:fisheries has a like power in the case of the produce of agriculture, See also:horticulture and fisheries [act of 1894, s. I ; Board of Agriculture and Fisheries Act 1903, s. I (8) ; see the regulations of the 27th of See also:October 1894, Stat. R. & O. Revised, vol. viii. tit. Merchandise Marks.]. Under the Sale of See also:Food and Drugs Act 1899, and the See also:Butter and See also:Margarine Act 1907, the importation, except in containers showing their character, of margarine, margarine See also:cheese, adulterated or impoverished butter, See also:milk-blended butter or condensed, separated or skimmed milk, is penalized, and it is provided that the commissioners of customs, in accordance with directions given by the treasury after consultation with the board of agriculture, shall take such samples of consignments of imported articles of food as may be necessary for the enforcement of the law. V. International Arrangements.—(The Trade Marks Act 1905 applies to the British Islands.) By the international convention for the protection of industrial property (see PATENTS), which was signed at Paris in 1883, the signatory states (others have since acceded) agreed that the subjects or citizens of each state should, in all the other states, enjoy as regards trade marks and trade names the advantages that their respective See also:laws then granted, or should thereafter grant, to their own subjects or citizens. So far as Great Britain is concerned the provisions made for carrying out this convention are contained in s. 65 of the Trade Marks Act 1905 and in s. 91 of the Patents and Designs Act 1907.1 The effect of that section is to confer on an applicant for the protection of a trade mark in one of the other contracting states a priority over other applicants for registration in the United Kingdom during the space of four months. The section does :not, however, exempt the applicant from the conditions and formalities See also:incumbent on ordinary applicants for registration in Great Britain; nor does the fact that the foreign application has been successful of itself give the applicant a right to have his mark accepted for registration. Under the Convention of See also:Madrid of the 14th of See also:April 1891 (to which Great Britain is not a party) a trade mark may be registered as the result of a single application in the countries of all the signatory powers. Besides the general international conventions there are also particular arrangements between many states, e.g. See also:Germany and See also:Italy (See also:Italian law of the 24th of December 1903). See also:Guatemala and See also:Salvador, also signatory parties, have withdrawn from the convention. . The following is a See also:list of the British orders in council that have been issued, applying to foreign countries, s. 103 of the Patents, &c., Act 1883: ' This section supersedes ss. 103, 104 of the Patents, &c., Act 1883. The references to these sections in the Trade Marks Act 1905 must now be read as applying to s. 91 of the Patents, &c., Act 1907. Foreign State. Date of Order in Council. See also:Belgium See also:June 26, 1884. See also:Brazil June 26, 1884. See also:Cuba See also:January 12, 1905. See also:Denmark (including the Faroe See also:November 20, 1894. Islands) Dominican See also:Republic October 21, 1890. See also:Ecuador May 16, 1893. See also:France June 26, 1884. Germany October 9, 1903. See also:Greece October 15, 1894. See also:Honduras See also:September 26,1901. Italy June 26, 1884. See also:Japan October 7, 1899. See also:Mexico May 28, 1889. See also:Netherlands June 26, 1884. (See also:East See also:Indian Colonies). November 17, 1888. (Curacoa and Surinam) May 17, 1890. See also:Norway (and See also:Sweden) See also:July 9, 1885. See also:Paraguay September 24, 1886. See also:Portugal June 26, 1884. See also:Rumania August 5, 1892. See also:Servia June 26, 1884. See also:Spain June 26, 1884. Sweden (and Norway) July 9, 1885. See also:Switzerland June 26, 1884. See also:Tunis June 26, 1884. United States July 12, 1887 2 See also:Uruguay September 24, 1886. All these orders in council are printed in the Statutory Rules and Orders Revised (ed. 1904), vol. ix., under the title " Patents, &c." By orders in council, made under the provisions of the Foreign Jurisdiction Acts, penalties have been imposed on British subjects committing offences against the Patents, &c., Act 1883–1888 (now represented by the Trade Marks Act 1905, and the Patents and Designs Act 1907) and the orders in council issued thereunder, and the Merchandise Marks Act 1887: See also:China and Corea (1904), See also:Egypt (1899), See also:Morocco (1889), See also:Muscat (1904), See also:Ottoman See also:Empire (1899), See also:Persia. See also:Persian See also:coast and islands (1889–1901), See also:Siam (1906) and See also:Zanzibar (1906). By s. 91 of the Patents and Designs Act 1907,3 and s. 65 of the Trade Marks Act 1905, the king is empowered by order in council to apply the provisions of S.91 above mentioned, with such See also:variations or additions as may seem See also:fit, to any British possession. The following is a list of the orders in council that have been issued: British Possessions. Date of Order in Council. Ceylon August 7, 1905. New See also:Zealand See also:February 8, 1890. See also:Trinidad and See also:Tobago August 12, 1907. See also:Australia (See also:Commonwealth) August 12, 1907. The orders in council up to 1903 are printed in the Statutory Rules and Orders Revised (ed. 1904), vol. IX., under the title" Patents, &c." It should be added that the protection of the Merchandise Marks Act 1887, extends to any trade mark which, either with or without registration, is protected by law in any British possession or foreign state to which the provisions of s. 103 of the act of 1883 or s. 91 of the act of 1907 are, under order in council, for the time being applicable. A foreigner suing in the United Kingdom for infringement of a trade mark, or for " passing off," is in the same position as a subject. VI. Colonial and Foreign Trade Mark Laws.—The British colonies generally follow the See also:model of the English Trade Marks Acts (1883–1888). Australia.—Legislation on trade marks is one of the subjects which the Commonwealth of Australia Constitution Act 1900 (s. 9, pt. V. 51, xviii.) places within the exclusive competence of the Federal See also:Parliament. By the Commonwealth Trade Marks Act 1905, s. 20, provision is made for registration of trade marks throughout the Commonwealth, and subject to this act and other Commonwealth legislation the common law of England as to trade marks is applied throughout the Common-See also:wealth. Prior to this act most of the states had their own trade mark law (New See also:South See also:Wales, No. 19 of 1900; See also:Tasmania, No. 9 of 1893; See also:Victoria, No. 1146, 1890; Western Australia, Nos. 7 z A treaty was also concluded between Great Britain and the United States on the 24th of October 1877, for the protection of trade marks. This section re-enacts the provisions of ss. 103, 104 of the Patents, &c., Act 1883. of 1884, 5 of 1886, 4 of 1894). But the state Trade Marks Acts, with certain savings, cease to apply to trade marks (1905, s. 6). The Commonwealth act contains certain novel provisions: 1. As to a Commonwealth trade mark to be applied to all goods included in or specified by a See also:resolution passed by both houses, that in their opinion the conditions as to the remuneration of labour in connexion with their manufacture are See also:fair and reasonable (s. 78). The mark consists in a device or label bearing the words " Australian Labour Conditions." 2. As to workers' trade marks intended to protect the products of any individual Australian worker or association of such workers other than primary products of agricultural or See also:pastoral See also:industries (s. 74). Sections 115, 116 of the act contain provisions for inter-national and intercolonial arrangements as to protection of trade marks based on ss. 103, 104 of the act of 1883. By the Commerce Trade Descriptions Act, No. 16 of 1905, the import into and export from Australia of falsely marked goods is prohibited. In See also:Canada the law as to trade marks (Rev. Slats. c. 63) and merchandise marks (c. 41 of 1888) has been regulated by Dominion acts, similar to English statute law. New Zealand has an act of 1889. The Hong-See also:Kong See also:ordinance, No. 18 of 1898, is a typical instance of an ordinance in a See also:Crown See also:colony [see also Ceylon, No. 9 of 1906, See also:Jamaica (laws 17 of 1888 and 6of 1889)]. In the See also:Bahamas a trade marks law was passed on the 29th of May 1906, based on the imperial act of 1905. In the Straits Settlements there is no registration of trade marks, but the common law as to " passing off " is applied. United States.—Provision for the registration of trade marks in the United States was first made by an act of See also:Congress of 1870; but that enactment was subsequently declared invalid by the Supreme Court (U.S. v. See also:Steffens, 1879, too U.S. 82), on the ground that the constitution of the United States did not authorize legislation by Congress on the subject of trade marks, except such as had been actually used in commerce with foreign nations or with the Indian tribes. Congress legislated again on the subject in 1881 (act of the 3rd of See also: 3). To obtain registration the owner of the mark (whether firm, See also:corporation, association or natural person) must See also:file in the patent office an application (a) specifying the name, See also:domicile, location and citizenship of the applicant; (b) stating the class of merchandise and the particular description of goods in the class to which the mark is appropriated;' (c) annexinga See also:drawing of the trade mark and as many specimens as may be required by the See also:commissioner of patents; (d) giving a description of the trade mark (only when needed to See also:express colours not shown in the drawing); and (e) specifying the mode in which the mark is applied and affixed to goods; (f) stating the time during which the m rk has been used (tgo6, c. 2081, s. 1). The application must be accompanied by a See also:fee of $10, and be supported by a sworn See also:declaration verifying the ownership and the drawing and description and stating that no one else has a right to use the mark, nor one so like it as might be calculated to deceive, and that the mark is in use in commerce among the several states or with foreign countries or with Indian tribes (1905 c. 592, S. 2). Where the applicant resides or is located in a foreign country he must also show that the mark is registered in the foreign country, or that application has been made to register it there. Registration on behalf of foreign registrants is not made until foreign registration is proved nor unless application for United States registration is ' By the law of 1906 (s. 21) the commissioner of patents is directed to establish classes of merchandise.made within four months of the application abroad (1905, c. 592, es. 2, 4). The United States policy is to require registration of all trade marks unless they (a) consist of or comprise scandalous or immoral matter; (b) consist of or comprise the See also:flag or insignia of the United States, or of any state or See also:municipality, or of any foreign nation; (c) are identical with another known or registered trade mark owned and used by another and appropriated to merchandise of the same description, or so nearly resemble such other marks as to be likely to cause confusion or mistake in the mind of the public or to deceive purchasers; (d) consist merely in the name of an individual, firm, corporation or association, unless it is written, printed, impressed or See also:woven in a particular or distinctive manner, or is associated with a portrait of the individual ; (e) consist merely in words or devices descriptive of the goods with which they are used, or of the character or quality of such goods, or merely of a geographical name or term; (f) contain the portrait of a living individual unless his consent is evidenced by an instrument in See also:writing. Old marks may be registered irrespective of the above rules, no proof that they have been actually and exclusively used as a trade mark of the applicant or his predecessors from whom he derived title in such commerce as aforesaid for ten years before the loth of April 1905. Applications made in proper form with the prescribed fee are at once examined in the patent office and if in order are gazetted to give opportunity for " interference." Decisions of the examiners on applications or oppositions are subject to appeal to the commissioner of patents, and from him to the court of appeals for the District of See also:Columbia (ss. 8, 9). The general jurisdiction in trade mark cases is given to the Federal courts below the Supreme Court, which has power by certiorari to See also:review the decisions of See also:circuit courts of appeal upon such cases (ss. 17, 18). The maximum protection given by registration is twenty years. The protection given to marks already registered in a foreign country lapses when the mark ceases to be protected in the foreign country (s. 12). Certificates of registration are issued under the seat of the patent office. Provision is made to prevent importation of merchandise which copies or simulates the name of any domestic manufacture, manufacturer or trader, or of a manufacturer or trader located in a country affording like privileges to the United States, or which copies or simulates the trade mark registered in the United States, or which bears names or marks calculated to create the belief that it is made in the United States, or in any country other than the true country of origin. United States traders who seek protection can have their names and marks recorded and communicated to the customs department (s. 27). At any time during the six months prior to the expiry of the term of twenty years the registration may be renewed on the same terms and for a like period. The right to the use of any registered trade mark is assignable (with the goodwill of the business in which it is used) by an instrument in writing; and provision is made for recording such See also:instruments in the patent office (s. to). France.—In France (laws of the 23rd of June 1857, and the 3rd of March 1890) trade .marks are optional, but may be declared compulsory for certain specified articles by decrees in the form of administrative orders. The decrees regulating registration are of the 27th of February 1891 and the 17th of December 1892. The following are considered trade marks: names of a distinctive character, appellations, emblems, imprints, stamps, See also:seals, vignettes, reliefs, letters, See also:numbers, wrappers and every other sign serving to distinguish the products of a manufacture or the articles of a trade. A fixed fee of one See also:franc is charged for entering the midute by registration (See also:depot) of each mark, and making a copy thereof, exclusive of stamp and registration fees. By' legislation of the 1st of August 1905 and the 11th of July 1906 provision is made for marking certain classes of commodities, mainly food products, to prevent falsification and the sale of foreign products as See also:French. Germany.—Under the See also:German trade mark law of the 12th of May 1894 any person whatsoever can acquire protection for a trade mark, and all foreigners in Germany are placed on an exactly equal footing with Germans in the eyes of the law, so long as they have a domicile (Niederlassung) within the empire, i.e. a place of business or a See also:residence which involves the See also:payment of German taxes. - The registration of a trade mark expires ipso facto after ten years from its date, but may be renewed for a similar period. Germany acceded to the international convention on the 1st of May 1903. In the Netherlands (law of the 30th of September 1893) two distinct forms of registration are in force: (a) registration merely for the Netherlands; (b) international registration, available for the states of the international union. The following other foreign trade mark laws may also be noted: See also:Austria-See also:Hungary, law of 1890 (published in See also:Vienna on the 6th of January and in See also:Budapest on the 6th of April 1890), and amending law of the 30th of July 1895, which enactment protects additions to trade marks. Denmark (law of the iith of April 1890, and an amending law of the 19th of December 1898, which enables traders to register words or figures, provided that these are not indicative of the origin, See also:kind, use, quality or See also:price of the goods). Japan (law of the 1st of July, and regulations of the loth of July 1899). See also:Russia (law of the 26th of February [9th of March] 1896). Switzerland (law of the 26th of September 189o). (A. W. R. ; W. F. C.) TRADE ORGANIZATION. The development of commercial organization which attended the growth of trade and See also:industry during the 19th century assumed two distinct phases. In the first we see the creation of associations of persons engaged in trade and industry for the purpose of protecting their interests and of facilitating and fostering commercial relations. In the second, governments elaborate departmental organizations for the supervision of commerial matters, and utilize their consular services as means of commercial intelligence and influence. The associations belonging to the first See also:category comprise three classes: a. Those which are themselves engaged in trade, like ordinary joint-stock companies, or which result from the combination of firms or individuals in the same or connected trades, for the purpose of facilitating or restricting production, limiting competition, regulating prices, &c. b. Those which, without engaging in trade, aim at providing facilities for the transaction of commercial or See also:financial operations. They chiefly take the form of exchanges, bourses, public sale rooms, &c., such as the Baltic, See also:Lloyd's, the Stock See also:Exchange, the See also:Corn and See also:Coal Exchanges, the Commercial Sale Rooms. c. Non-trading bodies, in the nature of public institutions, whose objects are to protect the interests of trade. When, at the See also:close of the 18th century and See also:early in the 19th, the power of the old trade See also:gilds and corporations of merchants had been broken, both governments and commercial men soon realized that the See also:ancient See also:societies would not follow the commercial See also:evolution, and that new organizations must be created to meet new requirements. Two systems were evolved, which, British and from their prototypes, are known as the British French and the French systems. In the former, trade systems. organizations were left to develop themselves in their own way, and in whatever direction they might think fit, without any See also:official interference. In the latter, on the contrary, the See also:government constituted itself the creator of trade organizations, which it incorporated into the administrative system of the country, and to which it gave an official status as an integral part of the machinery of the state. The former have grown chiefly into associations for the promotion and defence of commercial interests, whilst the latter have mainly become See also:sources of commercial information and means of action at the disposal of the government. While organizations on the British system are, as regards the government, purely advisory bodies whose opinion might or might not be asked in connexion with commercial matters, and whose duties are limited to the services which they are in a position to render to their members and to commerce generally, organizations on the French system not only must be consulted, in certain specified cases, by the government, especially in connexion with the drafting of commercial legislation and of regulations affecting trade, but they have also administrative duties to perform, such as the control of public commercial institutions, of testing, standardizing and conditioning establishments, See also:port and See also:dock See also:works, &c. The British system obtains in the United Kingdom and the British colonies, in the United States and in Belgium, while the French has been adopted in most See also:European countries, and in Japan. I.—GREAT BRITAIN AND COLONIES A.—Commercial Associations. In the United Kingdom commercial associations arose with the growth of trade, without any assistance from the state and See also:free from all government restriction or control. The first in point of date were the " commercial societies " which were formed, chiefly during the last See also:quarter of the 18th century, in Birmingham, See also:Exeter, See also:Halifax, See also:Leeds, See also:Liverpool and Manchester, and which exercised a not unimportant influence upon commercial developments at the close of the 18th and in the early years of the 19th centuries. The See also:modern associations which superseded them divided themselves into four classes, viz:-- a. See also:Chambers of commerce and associations which aim at becoming representative of general commercial interests; b. Associations or institutes which represent particular trades or branches of trades; c. Trade protection societies; which look after the interests of See also:retail as well as wholesale traders, and undertake to See also:supply them with information as to the standing and See also:credit of firms, expose swindlers, collect debts, &c.; and d. Non-representative associations rendering general commercial services. a. Chambers of Commerce and General Associations.—Most of the chambers of commerce in the United Kingdom were formed during the latter half of the 19th century, although a few were in existence much earlier. The See also:oldest British chamber is the See also:Jersey chamber, which See also:dates from 1768. The See also:Glasgow chamber was founded in 1783. See also:Dublin followed in 1785, See also:Edinburgh in 1786, Manchester in 1794, See also:Belfast in 1796, Birmingham in 1813, See also:Newcastle-upon-See also:Tyne in 1818, Liverpool in 1851, Sheffield in 1857, &c. The London chamber was the last of the chambers of importance to be established; it dates only from 1881. The London Chamber of Commerce, which has over Soon members, is one of the most representative associations of its kind, and the organization adopted has been very effective in securing The London this. The chamber has been divided into trade sections, chamber. of which there are at present See also:forty-four, and members specify the sections to which they See also:desire to belong. Each section has a separate organization, and is presided over by a chairman elected by itself, who may be helped by an elected committee if found advisable. The general council of the chamber confirms the See also:election of chairmen of sections, and no action can be taken by the chamber on the recommendation of a section without authorization of the council. The chamber has placed itself in connexion with a number of See also:mercantile associations which, whilst preserving their separate organizations and their See also:independence of action, have found it advantageous to See also:work in See also:conjunction with it, either for general or for particular purposes, and to have a See also:voice in its council. The more important of, these are the Institute of Bankers, the Institute of Chartered See also:Accountants, the Society of Accountants and Auditors, the General See also:Ship Owners' Society, the General Produce Brokers' Association, the Federation of Grocers' Associations of the United Kingdom, the See also:West See also:India Committee, the Corn Trade Association, the United Planters' Association of Southern India, &c. Particular reference should also be made to the Liverpool chamber, which, as regards See also:division into trade sections and co-operation with independent associations, works on similar lines The to those of the London chamber. The See also:African trade Liverpool section of the Liverpool chamber has been prominent Chamber., in connexion with African questions, and since its foundation in 1884 has been the leading voice in all matters relating to West See also:Africa. The Association of Chambers of Commerce of the United Kingdom, which was formed in 186o, contributed much to give chambers of, commerce as a whole a national importance. This Asson association, like the chambers themselves, was of course f chambciatioers purely voluntary, and at its foundation only sixteen ofcomchambers decided to join it. The association is See also:main- coerce. tamed by an annual subscription from the constituent chambers. It has been instrumental in passing many useful acts of parliament, and in otherwise influencing legislation upon commercial topics. The general meetings, which are held annually in March, in London, and at which delegates are present from all parts of the country, have come to be considered as a kind of parliament of trade, and representatives of the Board of Trade, the general See also:post office, and the foreign and colonial offices are generally in attendance. Special meetings take place in September, and are held in provincial towns on the invitation of the See also:local chamber. The association has limited its work to the United Kingdom, I and has not taken advantage of the commercial development of the colonies to afford colonial interests an opportunity of voicing their needs in the See also:metropolis. To supply this need the London Chamber of Commerce has, from time to time, organized congresses of chambers of commerce of the empire. Some of these congresses have been held in the colonies, the first being at See also:Montreal in 1903. The See also:home organization of chambers of commerce is supplemented by a few British chambers which have been established in foreign British countries. These institutions are self-supporting, and not, Chambers as seems often to be thought, branches of, or subsidized Chamb or controlled by home chambers. The British Chamber of Commerce in Paris, which is the oldest of them, dates from 1873, and was originally established by British merchants in Paris for the defence of their own trade interests. Its scope soon extended, however, and it admitted to 'membership British firms trading with France although not See also:resident in France, and in course of time became representative of general British commercial interests in the French markets. Other British chambers are to be found inGenoa, See also:Alexandria, See also:Barcelona, See also:Constantinople and St See also:Petersburg. In See also:Brussels an Anglo-See also:American chamber jointly represents British and American interests. Several countries are represented in London by chambers of commerce, white the American Chamber (Liverpool), Fore1 the Anglo-Belgian, the Anglo-Portuguese, the Aus-Chaa chambers In tralasian, the Italian, the See also:Norwegian and the See also:Swedish chambers are members of the Association of Chambers England. of Commerce of the United Kingdom. The United States are represented in England by the American Chamber of Commerce in Liverpool. Commercial organization in the colonies is very much on the same footing as it is in the United Kingdom. The most representa-Cobaial five associations are the chambers of commerce, whose Chambers. constitution and functions are similar to those of the British chambers. In Canada the chambers, which are also sometimes called Boards of Trade, after the American custom, number over sixty, the most important being the Montreal and See also:Toronto Boards of Trade and the See also:Quebec Chamber of Commerce. The See also:Canadian chambers have no association, but hold periodical conferences. There is, in addition, the Canadian Manufacturers' Association, with headquarters in Toronto and branches in all the provinces, which incorporates all the associations of manufacturers in the Dominion. The Australian chambers of commerce, which number some See also:thirty, have joined into an association called the General Council of the Chambers of Commerce of the Commonwealth of Australia. In New Zealand, South Africa, India and many British colonies there are chambers of commerce in all the more important towns. b. Associations Representing Particular Trades.—Associations representative of particular trades are almost innumerable. The London General Shipowners' Society, the Liverpool Shipowners' Association, the North of England Shipowners' and Steamship Owners' Associations may be mentioned as representative. The chambers of See also:shipping and shipowners' associations joined forces in 1878 in order to establish the Chamber of Shipping of the United Kingdom, which does for them what the Association of Chambers of Commerce does for chambers of commerce. The Iron and See also:Steel Institute affords a means of communication between members of the iron and steel trades, while the British Iron Trade Association is one of the most powerful. The nature of other associations is sufficiently indicated by their titles. In addition there are the Cotton Association, the Drapers' Chamber of Trade, the See also:Fish Trade Association, the See also:Sugar Refiners' Committee, various tea planters' associations, the Oil See also:Seed Association, the See also:Petroleum Defence Committee, the See also:Mansion See also:House Association on Railway and See also:Canal See also:Traffic, &c. c. Trade Protection Societies.—These seem to be, on the whole, more ancient bodies than chambers of commerce. In the early part of the 19th century they were already strongly organized, especially in the West See also:Riding of Yorkshire. Outside of that district the Dublin Society was the most important. They number more than See also:loo throughout the United Kingdom.
The Manchester See also:Guardian Society, which dates from 1826, occupies a position of special prominence in the Midlands, and may be taken as the model of such associations. Its objects are—the making of private inquiries as to the respectability and credit of traders, the detection and exposure of swindlers; the collection of debts; the winding-up of insolvent estates; the issue of notices of bills of sale, judgments, bankruptcies, &c.; and generally the improvement of laws and regulations affecting trade. The society has over 6000 members, and its usefulness may be gauged by the fact that it answers an See also:average of 40,000 credit inquiries every See also:year.
Trade protection societies formed themselves, as early as 1848, into an association, which was at first an association of secretaries, but in 1865 was transformed into an association of societies. The association issues a quarterly See also:journal called the Trade Protection Journal.
B.—State Departmental Organizations.
Although the British government allowed commercial organizations within its jurisdiction to grow independently of officialcontrol, it does not follow that it took no interest in the protection and promotion of British trade and the dissemination of commercial intelligence. As long ago as the reign of See also: With the development of the colonies, the colonial and India offices also found themselves called upon to act, to a certain extent, as guardians of commercial rights and channels for the dissemination of commercial intelligence. But when competition began to displace British goods from foreign markets, and when the British trader noticed the efforts which were being made by foreign governments for the promotion of trade, he came to the conclusion that the British government was not doing anything for him. Complaints were especially loud against the consuls, who were accused of systematically disregarding commercial interests, whilst their American, German, French and Belgian colleagues coasalar did not consider it below their dignity to take advantage Service of their position, in order to promote the trade of the country they represented. British Consular Reports were also unfavourably compared with those issued by foreign consuls, notably the American. The result was that, in 1886, instructions were issued to the consular service which, for the completeness and fairness with which they See also:deal with the subject, have frequently been quoted as See also:models which might advantageously be followed (see See also:Parliamentary Paper, Commercial, No. 16, 1886). The preparation of consular reports, however, continued to be most unfavourably criticised, and frequent instructions were issued by the foreign office in regard to them. The whole question was raised again in 1896, when, as the result of lengthy communications between the Foreign Office on the one hand, and the Association of Chambers of Commerce and the London chamber on the other, fresh instructions were sent to British consuls, reiterating the instructions of 1886. The consular service has of See also:late years been supplemented by the See also:appointment of commercial attaches. The pressure exercised by the chambers of commerce upon the government led to the appointment in 1897 of a departmental committee on the dissemination of commercial intelli- gence, which was charged with considering means of Commercial more adequately supplying traders with commercial If 1'11117 information, of improving consular and colonial reports, Bttrraench of of and with See also:reporting on the advisability of appointing Trade. commercial agents to the colonies and establishing a com- mercial intelligence office. The chief result of the committee's recommendations was the establishment of the commercial intelligence branch of the Board of Trade. It publishes the Board of Trade Journal weekly. Attached to the branch is an advisory committee, composed of representatives of the various government departments and of the Association of Chambers of Commerce. The scope of the commercial intelligence branch was further increased, and its means of action strengthened, by the See also:transfer of the Imperial Institute to the Board of Trade, which was effected in 1902 by the passing of a private act of parliament. The self-governing colonies are represented in London by agents-general (q.v.), while the commercial interests of the crown colonies are in the hands of the crown agents for the colonies. II.—UNITED STATES OF See also:AMERICA A. Commercial Associations. American trade organizations have been See also:developed mainly on the lines of the British system. Of the associations which come within the scope of this article, the most important are the chambers of commerce, which in certain cases are called boards of trade. Theoretically there is a distinction between the two, chambers of commerce being entrusted with the protection of general commercial interests, especially in connexion with foreign trade, whilst boards of trade look after local commercial questions. But in practice the difference is of no importance, as chambers of commerce take cognisance of local as well as international trade matters, and the boards of trade in no way limit the See also:sphere of their activity to purely American questions. The oldest American commercial organization is the New See also:York Chamber of Commerce, which was founded in 1768, and incorporated by royal See also:charter in 1770. In the words of its charter, its object was " to carry into See also:execution, encourage and promote by just and lawful ways and means such See also:measures as will tend to promote and extend just and lawful commerce." It was the prototype of all i the other chambers of commerce and boards of trade which have since been established in the United States, and which are said to exceed boo in number. American trade organizations are associated in a National Board of Trade, which corresponds to the Association of Chambers of Commerce of the United Kingdom. The objects of this institution are to secure unity and See also:harmony of action in reference to commercial questions, and to obtain, through its representative character, more satisfactory consideration of the matters which it brings under the notice either of the Federal government or of the local state administrations. The expenses of the National Board of Trade are defrayed out of a fund formed by the subscriptions of the various associations belonging to it. The United States has a number of chambers of commerce established in foreign countries. The first institution of this kind was started so long ago as 18ot, when the American Chamber of Commerce in Liverpool was established. This chamber is the only one representing American commercial interests in the United Kingdom, there being no association of this nature in London. The American Chamber of Commerce in Paris is one cf the most active, important and representative foreign associations on the See also:continent of See also:Europe. In some places where neither the American nor the British element is strong enough to maintain separate associations (notably in Brussels), they have joined hands to support an Anglo-American Chamber of Commerce, which is found to work fairly satisfactorily The American commercial museums, although of See also:recent foundation, have attracted much notice owing to the See also:practical and business-like manner in which they are conducted, and are considered.to be among the best equipped institutions of this nature. Those in See also:Philadelphia and at See also:San Francisco are the best known. The Philadelphia museum, which came first and is better known, was established by an ordinance of the municipality in 1894, and is supported by subscriptions and by municipal subsidies, administered by a board of trustees, who are appointed for See also:life and serve without remuneration. The work of the museum is supervised by an advisory board, composed of representatives of the See also:principal commercial organizations in the United States. Its objects are to assist American manufacturers and merchants in securing wider foreign markets for their products, to aid them in forming connexions abroad, and to bring foreign buyers in touch with them. One of the chief ways in which this Is done is by means of an See also:index file of foreign customers supplied to American manufacturers, and See also:vice versa. In addition to the See also:regular service to members, the museum also maintains abroad, in various cities, index files covering some sixty American trades or trade divisions, containing the names of American manufacturers of standing, with full particulars of their various lines of manufacture. These files are generally entrusted to chambers of commerce, or similar commercial institutions, and are placed gratuitously at the disposal of foreign manufacturers and merchants. The Philadelphia museum has also a most valuable library and a museum of samples. B.—State Departmental Organization. The American state organization for dealing with commercial matters lacks the theoretical completeness of the organization of most European states, but is nevertheless found to give See also:satisfaction. Official control is exercised through various bureaus placed, for the most part, under the treasury department. The most important of these are: the interstate commerce See also:commission, which deals with matters affecting the inland trade; the industrial commission, which looks chiefly after manufacturing; and the See also:fishery See also:bureau. Foreign commercial matters come within the cognisance of the bureau of foreign commerce, a section of the state department which also controls the consular body, and See also:sees to the publication of their reports and to the dissemination of foreign commercial intelligence. The state department corresponds to the British foreign office. The See also:Pan-American Union, until 1910 called the Bureau of American Republics, was established in 1889, as a result of the Pan-American See also:Conference called together in that year by the late James G. See also:Blaine, secretary of state at that time. This bureau, which had its office in See also:Washington, is supported by a contribution from all the republics of North, Central and South America, which is fixed at the See also:rate of moo dollars a year per million inhabitants. Its object is the dissemination of trustworthy commercial information concerning the republics of the American continent, and in pursuance of this object it has issued a large variety of publications. The American consular service has been frequently pointed out as a model to be followed in connexion with commercial matters. Consular America, contrary to the European practice, has no See also:brie consuls de See also:carriere. Her consular representatives are appointed for a period of, as a rule, four years, and are selected in preference from commercial circles. Their work, as compared with that of British consuls, is rather limited, and they have nothing to monopolize their Iin>e like the shipping interests with which the British consular body is entrusted in most countries. Since 1898 the bureau of foreign commerce issues consular reportsdaily, as fast as they are received, and circulates them in advance sheets, printed on one side of the paper only, like printers' proofs. They are afterwards republished in permanent form. The American consular body, which numbers some 400 members, and is exclusively composed of American citizens, is distributed according to the commercial importance of towns. A. Commercial Associations. The French government was the. first to elaborate a regular system of trade organizations, which it endeavoured to make as complete as possible. This system comprises: a. Chambers of commerce;
b. Consultative chambers of arts and manufactures; and
c. Syndical chambers of trade and industry.
a. Chambers of Commerce.—Chambers of commerce owe their origin to the See also:city of See also:Marseilles, where, in 1599, the See also:town council, which had hitherto looked after the commercial interests Origin. of the city, found it no longer possible to combine com-
mercial with municipal functions, and established an association which it called the " Chamber of Commerce " to take up the commercial part of its duties. This seems to be the first time that the title was used. The new chamber soon became a most important body, and in 165o, during the minority of See also: Including the Marseilles chamber, they were suppressed, with all trade gilds and other trade associations, in 1789. See also:Napoleon re-established the chambers by See also:decree of the 24th of December 1802, and endowed them with a constitution similar, in essential particulars, to the one they have at present, which has served as a model for chambers of commerce on the Continent, but he submitted them to a See also:uniform and narrow• administrative jurisdiction which practically deprived them of all initiative. They are now regulated by the law of the 9th of April 1898, which codified, altered and completed previous legislation on the subject. Under this law, chambers of commerce can only be established by a decree countersigned by the See also:minister of commerce, upon the See also:advice of the municipal council of the place where the chamber is to be, of the general council of the department, and of the existing chambers of commerce of the district. The members of chambers of commerce used to be elected by the " Notables Commercants," who were a body of commercial See also:electors selected by the prefects in accordance with the provisions of the See also:Code of Commerce. They were abolished by law in 1871, but those who were then entitled to the designation still continue to use it, which explains the words " Notable Coinmercant," so puzzling to foreigners in French commercial directories and on French business cards. At present, commercial houses paying patente—which is a special tax upon See also:people engaged in trade —elect the members of the chamber, the number of whom is fixed for each chamber by the minister of commerce. Their functions, which are consultative and administrative, are set out in part ii. of the law of 1898. The government is See also:bound to take their opinion regarding the regulation of com- Functions. mercial usages, the establishment of public institutions of a commercial or financial nature, and of tribunals of commerce, the improvement of transport and communications, the application of laws of a local character, the sale price of See also:prison-made goods and the See also:tariff for prison labour, and local public works, and loans or See also:taxation in connexion therewith. On the other hand, they are allowed to submit observations to the government, with-out being asked, on proposed changes in the commercial or economic legislation of the country; on customs tariffs and regulations; on railway, canal and See also:river rates; and on transport regulations. As regards their administrative functions, they may be authorized to establish and administer such institutions as bonded warehouses, public sale-rooms, See also:fire-See also:arm testing establishments, conditioning rooms for See also:wool, See also:silk, textiles, paper, &c., commercial, professional, or technical See also:schools and museums, &c. They may be ranted concessions for public works, and may undertake the carrying out of public services, especially in regard to the ports, docks, canals and navigable See also:rivers i» their district, and be authorized to issue loans for the purpose. Constitution. Previous to 1898 it was illegal for chambers of commerce to hold joint meetings for the discussion of matters of public interest, and they were not even allowed to correspond or consult in any way, except through the See also:medium of the minister of commerce. The new law relaxed to a certain extent this prohibition, by authorizing direct See also:correspondence and permitting chambers in a district to meet for the joint consideration of questions affecting their district, but for no other purpose. Such a thing as an association of chambers of commerce is still illegal in France. When, in 1873, British merchants in Paris started a British chamber of commerce in the French See also:capital, the French govern-French ment looked rather askance at the new venture, and M. Chambers of See also:Leon Say, when minister of commerce, even threatened Commerce it with forcible dissolution unless the title " Chamber Abroad. of Commerce " was dropped. This demand was not ultimately pressed, and the services rendered by the British chamber soon opened the eyes of the French government to the advantages which they might derive from the formation of similar institutions to represent French commercial interests abroad. In. 1883 the minister of commerce started the organization of such chambers, which endeavoured to combine to a certain extent the French and the British systems. Foreign commercial interests are represented in Paris by seven foreign chambers of commerce, of which the British Chamber is Austro- Foreign the oldest. The others are the American, Austro- oreign f Hungarian, Belgian, Italian, See also:Spanish and Russian Commence chambers. In 1896 these chambers formed them- ln Paris. selves into an Association of Foreign Chambers of Commerce, but the French government gave it to be understood that, as they did not allow associations of French chambers, they could not treat foreign bodies more favourably, and the association had to be dissolved. b. Consultative Chambers of Arts and Manufactures.—These institutions, organized somewhat after the model of chambers of Coastita- commerce, represent manufacturing and industrial Oon interests. They were established by Napoleon I. in 1803, and formed part of the complete system of commercial organizations which he intended to give France. They are now regulated by decrees of 1852 and 1863, and are composed of twelve members elected for six years by merchants and manufacturers inscribed upon an electoral list specially See also:drawn up by the prefects. These chambers, of which there are some fifty in existence, are placed under the control of the minister of commerce, but instead of being kept out of the patentes, like chambers of commerce, they are supported by the municipality of the town where they are situated, which has also to provide them with offices See also:rent free, and with clerical assistance. In addition to giving Functions. advice in connexion with manufacturing and industrial matters, they have to look after and report upon improvements in manufactures and machinery, new industrial processes, &c. They are especially useful in the preparation of local and international exhibitions. They are also entrusted with the nomination of the Consultative Committee of Arts and Manufactures, a body whose functions are to advise the ministers of commerce and See also:finance, as well as those of the interior and of public works, as regards the regulation of dangerous trades and industries, patents and trade marks legislation, and the interpretation of customs regulations. c. Syndical Chambers of Trade and Industry.—By the side of the official trade organizations other associations have grown up, which, although regulated by law, are in the nature of voluntary and self-supporting bodies, viz. the syndical chambers of trade and industry. The See also:repeal in 1884 of the law of 1791, which prohibited the formation of trade or professional association, was the See also:signal for the formation of those chambers, which soon acquired great influence. A few syndical chambers existed before that date, the oldest, the Chamber of See also:Master Builders, dating back as far as 1809, but they were only tolerated, and their existence, being illegal, was most See also:precarious. The syndical chambers, which are divided into chambers of employers and chambers of employed, are the official See also:organs and Ceastltu- representatives of the trade and professional syndicates von. authorized by the law of the 31st of March 1884, which
was the work of M. Waldeck-See also: The ministry is divided into three main bureaus—the first entrusted with all matters connected with the home trade and industry, the second with foreign and colonial relations, and the third with the compilation of See also:statistics. Attached to the ministry of commerce is a body called the Conseil Superieur du Commerce et de 1'Industrie, which acts as an advisory council to the minister. Its origin goes back to the council of commerce established by Louis XIV., but it is now regulated by a decree of 1882. The Office National du Commerce Exterieur was established by a law of the 4th of March 1898, and is carried on jointly by the ministry of commerce and the chamber of commerce Natlpnal of Paris, the latter having provided it with an in- Office for stallation at a cost of over 1,200,000 francs. The Foreign office, which has been founded for the promotion of Trade: French trade with foreln countries and the dissemination of commercial intelligence, fulfils duties similar to those of the commercial intelligence branch of the board of trade. It also publishes the weekly Moniteur officiel du commerce. The Office Colonial, whose duties are especially to furnish in-formation concerning the French colonies, to promote See also:emigration thither, and to See also:foster a demand in France for the Office produce of her colonies, was established by a decree ffke Colonial. of the 14th of March 1899. It is entrusted, in addition, with a permanent See also:exhibition of colonial produce and a museum of samples of goods supplied by or required in the colonies. The office is also in charge of a colonial See also:garden at See also:Vincennes, where experiments are made for the See also:acclimatization of colonial See also:plants and produce in France, and the cultivation of French produce in the colonies. The office publishes a monthly bulletin of See also:miscellaneous colonial information, and issues yearly commercial and other reports dealing with the colonies. It is a dependency of the ministry of the colonies. French consuls are instructed to transmit to their government all information which they may consider useful for the prosperity of French trade. It is also their See also:duty to spread, in the country where they reside, a knowledge of such French commercial and financial matters as they may consider most useful in the interests of their own country. The close relations which they are recommended to cultivate with the French commercial Consular Service. community within their jurisdiction through the local French chamber of commerce and the councillors of foreign trade are intended to enable them to keep in better touch with commercial questions. They have had, however, to be frequently reminded of their commercial duties, and the French chambers of commerce have criticized them almost as much as the British chambers have British consuls. The most important instructions issued to consuls were contained in circulars from the minister for foreign affairs dated the 15th of March and the 24th of Apiii 1883. French consuls have to make a return to their government every fortnight—every See also:month if the district is. not of great commercial importance—showing, upon forms specially provided, the nature, quantity, origin or destination, prices wholesale and retail, and chief trade marks of the goods imported into and exported from the district, the results of public sales of produce, the conditions of transport, contemplated public works and tenders advertised, state of the labour market, See also:artistic enterprises, commercial failures and rumours concerning important local firms, effect of foreign competition, imitation of French trade marks, &c.' These returns are mostly of a confidential nature, and are not intended for publication, but whenever the minister considers it advisable he causes information to be conveyed through the chambers of commerce, or other channels, to the parties chiefly interested. The ordinary consular reports are published in weekly instalments in the Mani-See also:tear officiel du commerce. According to the law which authorized their formation, the objects of the syndical chambers are exclusively " the study and defence of economic, industrial, commercial and Functions. agricultural interests," and for this purpose they have complete freedom of intercommunication and can hold congresses. They are authorized to establish for their members mutual benefit societies and See also:pension and See also:relief funds, to open employment agencies; to give legal advice to, and in certain cases to bring actions on behalf of their members, and to organize the See also:settlement of disputes by See also:arbitration. They take part in the election of judges of the tribunals of commerce and of the Conseils de Prud'hommes. IV. GERMANY A.—Commercial Associations. German trade organizations are of three kinds, viz.: a. Official organizations established by law, and called Handelskammern, or chamber of commerce; b. Semi-official associations; and c. Voluntary or " free " associations. a. Chambers of Commerce.—Contrary to the idea prevalent in England, official trade organizations in Germany are in a somewhat chaotic state. They have been established under more or less different conditions and systems in each state of the empire, and in certain districts still See also:bear the imprint of foreign origin. They are under the control of the local state governments and lack the homogeneity and unity of direction of the French official system. Before proceeding to a general examination of the German regime, special mention must be made of the chambers of com- merce merce of the old Hanseatic Confederacy which stand Organize- apart, and whose duties, as well as constitution, differ tlon. from those of trade organizations in the rest of Ger- many. The chambers of commerce in See also:Hamburg, See also:Bremen and See also:Lubeck are not only the successors of, but (contrary to what happened in Germany as well as in other countries) have been evolved out of the old corporations which looked after the interests of the Hans traders in the olden days, and which, in the case of the Hamburg " Commerz-Deputation," tor instance, dated as far back as 1665. The Hamburg Chamber of Commerce, whose present constitution dates from 1860, is composed of twenty-four members elected for six years by the ancient " Versammlung eines ehrbaren Kaufmannes," that is to say, the merchants and commercial men whose names appear on the register of the " Honest Merchants " of the city. Its income is chiefly derived from special taxation, to which are added the proceeds of the sale of See also:contract and transfer stamps, and also the amount paid every year for the re-registration of each " Honest Merchant." This latter source of income amounts to about 70,000 marks per annum. The chamber has to submit its accounts for approval to the See also:Senate of the Republic. In addition to the general duties of chambers of commerce in connexion with trade matters, the Hamburg chamber—the same may also be said of the other Hanseatic chambers—fulfils the combined functions of a chamber of shipping and of a port and docks board. It has the right of proposing judges and of nominating experts attached to the courts. The exchanges and public sale rooms of the city are under its control, and it publishes the official quotations, as well as a weekly price list of goods and pro=' duce at the port of Hamburg. It is entitled to elect members to the " Burgerschaft " or See also:lower house of representatives, who are especially competent to deal with trade and shipping questions, customs duties and emigration. The chamber must be consulted by the " Burgerschaft " with reference to all proposals affecting trade and See also:navigation. In Bremen the chamber is composed of twenty-four members elected by the " Ausschuss des Kaufmanns-Konvents, " which corn-prises all the important commercial houses of the city. Two members go out every year, and no one can remain a member for more than eighteen years. The Bremen chamber is intimately connected with the Senate of the Republic, a standing committee of both being in existence to See also:settle questions affecting trade and navigation. The Lubeck chamber is composed of twenty members elected for six years by the associations representing the wholesale and retail trades. The See also:president must be approved by the senate, and is sworn in as a state official. He holds office for two years, and is not paid for his services, but when he goes out of office is pre- sented with a sum of See also:money subscribed by the townspeople. The Lubeck chamber is probably the wealthiest organization of its kind in Germany, and is entrusted with the administration of the property of the old corporation of the " Vorstand der Kaufmannschaft, " which is very important. The senate must consult it not only in trade and navigation matters, but also with reference to all contracts entered into on behalf of the state. Chambers of commerce in other parts of the German Empire are not so important, nor are their duties so varied, as in the Hanseatic Chambers of towns. The oldest ones were established by Napoleon See also:Coe menoe in 1802 in See also:Cologne, See also:Crefeld, Aachen, See also:Stolberg and other towns which were then under the control of France, and they were' submitted to the legislation which regulated the chambers organized in France at the same time. The model set up by the French was more or less closely followed in the subsequent establishment of institutions of this nature in other German states. The See also:Berlin chamber was only constituted on the 1st of April 1902. A trade corporation called the " Aelteste der Kaufmannschaft " previously fulfilled, to a certain extent, the duties of a chamber of commerce. The new chamber rests on a broader basis than the old corporation, which, however, remains intact, though the sphere of its action has been restricted. Broadly speaking, the German chambers are elected by the registered tradespeople and the merchants. Throughout the wholeof Germany chambers are under the strict supervision of the state minister of commerce, and cannot be established except with his permission. He fixes the number of members as well as the amount of the state allocation to the chamber. In See also:Prussia and See also:Bavaria the government is entitled to dissolve chambers whenever it considers it advisable to do so, and there is always a government commissioner in attendance at all meetings. In most cases the local government allows a fixed sum for the expenses of chambers of commerce, and if this amount is exceeded the electors who are on the commercial register have to make good the excess by the striking of a special rate. In some states, e.g. See also:Brunswick, See also:Wurttemberg and See also:Baden, the electors cannot be called upon to pay for deficiencies more than an amount fixed by law. In Bavaria chambers get a subvention from the district and central funds. The duties and powers of the German chambers are practically the same as those of the French chambers. The German government did not, like the French, interfere with the See also:liberty of association of chambers of commerce, and as a result German chambers have united, together with other trade corporations, in an association called the " Deutsche Handelstag," founded in 1861, and carried on in its present form since 1886. The German government is'understood to be opposed to the formation of German chambers of commerce abroad, and as a German matter of fact there are no German chambers in Europe Chambers outside of Germany. A few have been established Abroad and in South America, but they are purely voluntary Foreign associations. No foreign chambers of commerce exist Chambers in in Germany. Germany. b. Semi-Official Corporations.—Besides the chambers of commerce, there exist, chiefly in Prussia, various old-established and quasi-official corporations, whose views receive as careful consideration from the government as do those of chambers of commerce. The Berliner Aelteste der Kaufmannschaft is one of the most important of these corporations, but the Gewerbekammer of See also:Memel, the Kaufmannische Verein of See also:Breslau, the Vorsteher Amt der Kaufmannschaft of Koenigsberg also deserve mention. Others exist in See also:Elbing, See also:Stettin, See also:Danzig, See also:Tilsit and See also:Magdeburg. They originated for the most part in ancient gilds or associations of commercial firms, and were organized in their present form between 182o and 1825.
c. Voluntary Associations.—Germany possesses also a large number of influential commercial associations of a voluntary character called the " Freie Vereine," which, especially in recent years, have greatly contributed to the commercial development of the empire.
B.—State Departmental Organization.
The German Empire has no ministry of commerce. As in the United States, commercial matters form only a department of the ministry of state. Most of the states of the empire have, how-ever, their own ministries of commerce, the oldest being the Prussian ministry of commerce and industry, which dates from 1848.
In Prussia, the minister of commerce is advised by the Volkswirthschaftsrath, or council of national See also:economy, an official body constituted in 1880 by the See also:Emperor See also: The German government has taken steps to facilitate the dissemination of commercial intelligence by the establishment of commercial museums, which are variously called CommerctaJ Handelsmuseen, " ` Ausfuhrmusterlager " or " Ex-Museums. portmusterlager. " The first of these, which are on the model of the Vienna Handelsmuseum, was opened in Berlin in 1883. Others followed in See also:Munich, See also:Karlsruhe, See also:Frankfort, Cologne, See also:Dresden, See also:Leipzig, See also:Weimar, &c. They perform, to a certain extent, much the same functions as those performed in England by the commercial intelligence branch of the board of trade. A perusal of the -instructions given to German consuls with regard to commercial matters shows that the German consular body is in this respect very much in the same position as Consalar the British consular body. If German consuls as a Cersice: whole have been especially active and successful in promoting German commercial interests, it is not on account of the nature of the instructions received from their government, these instructions being to all intents and purposes similar to those issued to British consuls, but because particular care was taken to select consuls from a class of men imbued with the desire of increasing the greatness of their country by the promotion of German trade. Of distinctly commercial attaches, like those of Great Britain and Russia, Germany has none; but in addition to the consular body she is represented in foreign countries by five attaches or or experts, whose dutiesare to study the movements of Attaches. agricultural produce, and interest themselves in agri- cultural matters generally. They See also:cover Great Britain, France, Russia, the See also:Danube district and the United States. V.—BELGIUM A.—Commercial Associations. The important place which Belgium has taken in international trade has directed much See also:attention to her commercial organization, which comes nearer to the British model than that of any other European country. Belgian chambers of commerce were on the French system until 1875, when all official ties between them and the government were broken, and full liberty was given to commercial associations to establish and govern themselves in their own way. The Belgian chambers have now no administrative functions of any kind, but the Belgian government never fails to consult them in matters likely to interest the commercial coinmunity. The most important chambers are those of See also:Antwerp, Brussels, See also:Ghent, See also:Liege, See also:Charleroi, See also:Verviers and See also:Namur. Mention should also be made of the federations of industrial and commercial associations at Antwerp and at Brussels, and of the syndical union of Brussels. In some places there are Liberal and Conservative chambers of commerce. In addition to institutions representative of the general interests of commerce and industry, the principal trades have also in the larger cities separate associations or syndicates. There are a large number of associations for the promotion of colonial trade, which have grown up since the establishment of the See also:Congo Free State. A number of Belgian chambers of commerce also exi%t abroad, the first of which was established in New York in 1867. B. State Departmental Organization. The Belgian ministry of commerce, under whose control commercial matters are placed, dates only from 1895, previous to which time the department of commerce at the ministry for foreign affairs fulfilled the same functions. The ministry has established in Brussels a Commercial Museum, similar to those of Germany and Austria, to centralize commercial intelligence and facilitate its dissemination. VI.—OTHER COUNTRIES Austria-Hungary.—The control exercised by the government over commercial organizations in Austria and in Hungary, is very close. The only institutions of this kind of any importance within the dual monarchy are the chambers of commerce. They are official bodies, regulated by the law of the 29th of June 1868, which is, as regards the functions of chambers, almost similar to the French law. But the See also:Austrian chambers, in certain cases, have the right to elect members of parliament, which right depends upon taxation. Within the See also:Trieste district one-third of the members of chambers of commerce may be foreigners. Austria and Hungary have each a ministry of commerce, the former since 1853 and the latter since 1867, whose jurisdiction is strictly confined to internal trade matters in each country. When-ever important questions arise affecting common interests the Gemeinsame Zoll-Conferenz, or Common Customs Conference, is summoned. This conference is made up of representatives of the various ministries of both countries. Matters arising out of commercial relations with foreign countries are under the control of the commercial department of the imperial foreign office. The Vienna commercial museum was the prototype of similar institutions. It was established in 1875, as a consequence of the Vienna International Exhibition of 1873, and was followed shortly afterwards by the establishment of a similar one in Budapest. Italy.—The chambers of commerce and arts, which are regulated by the law of 1862, are official bodies. They are instituted, and may be dissolved, by royal decree, and their functions are almost similar to those performed by the French chambers. They are, however, at liberty to unite for the consideration of commercial and industrial questions of common interest, and are entitled to own property and to See also:levy taxes for their See also:maintenance. An advisory council is attached to the ministry of commerce, which dates from 1878. This council is called upon to give an opinion with reference to all matters connected with trade arid industry. There are also two commercial museums, one in See also:Rome and one in See also:Milan. Spain.—Spanish chambers of commerce were organized by a royal decree of 1886, which places them under the control of the Ministro de Fomento. They are self-supporting bodies with unlimited membership, but have also an official standing. In order to belong to them one must be of Spanish nationality, be engaged in trade, have paid direct taxes to the state for at least five years for the business in connexion with which membership of the chamber is sought, and pay annually the amount of the subscription provided by the regulations. The government must consult chambers of commerce upon treaties of commerce and navigation, tariff changes, the creation of commercial exchanges and the organization of commercial See also:education. Owing to the peculiarity of their constitution the Spanish chambers are much more representative of the feelings of the commercial community, and much less under the strict control of the government, than similar institutions in other See also:continental countries. Spain has no ministry of commerce proper, the duties of this office being performed by the commercial sub-department of the Ministro de Fomento, which dates from 1847. Portugal.—In Portugal the organizations corresponding to chambers of commerce, which are called " commercial associations, " are voluntary associations kept up by the subscriptions of their members. The associations at See also:Lisbon and See also:Oporto are the only ones of importance. Russia.—Attached to the department of trade and manufactures of the ministry of Finance, which in Russia does duty for the ministry of commerce, there is an official council of trade and manufactures which sits in St Petersburg, and is presided over by a representative of the ministry. A similar council is also in existence at See also:Moscow. In addition to these there are six local bodies, called the " local committees of trade and manufactures, " entrusted with the care of commercial interests in See also:Archangel, See also:Odessa, Rostov-on-the-See also:Don, See also:Tver, Tikhvin and Ivanovo-See also:Voznesensk. At See also:Warsaw there is a " committee of manufactures. " The committees are purely consultative bodies. Closer to what we know as chambers of commerce are the institutions called " exchange committees. " They are voluntary associations, chosen by a council elected for the purpose by the commercial community; they generally consist of twelve members elected for five years, and the president is appointed by the minister of finance. Two important commercial societies, although unofficial, are recognized and frequently consulted by the government, viz. the Society for the Encouragement of Russian Trade and Industry, of St Petersburg, and the Society for the Encouragement of Navigation, of Moscow. The Russian government is represented abroad by commercial attaches, who are known as " agents of the Russian ministry of finance. " The duties of these attaches are almost similar to those of the British commercial attaches, but they are entrusted with the promotion of Russian financial as well as commercial interests. Japan.—Commercial matters in Japan come within the See also:cognizance of the minister of state for agriculture and commerce. The chief commercial associations are the chambers of commerce, which are under the direct control of the minister. They are official bodies, with a constitution somewhat resembling that of the French chambers. The members must be See also:Japanese subjects. Additional information and CommentsThere are no comments yet for this article.
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