July  i,  1895.] 
THE  TROPICAL  AGRICULTURIST. 
25 
RUSSIA  AND  'PEA. 
Mr.  T.  Ivliiigeii,  ‘‘ Chief  of  the  Un.ssiaii  E\- 
lie<litiou  of  the  A|)i)<ui<iges” — in  otlier  wonls  ()l 
the  Expeilition  to  gather  information  about  Tea 
in  tlie  Ea.st,  lias  lieen  in  Ceylon  for  some  little 
time,  having  visiteil  Kandy  and  Peradeniya 
Cardens  and  the  Estate  Tea  Eaetory  and  was 
very  niueh  interested  in  all  he  saw.  INIr.  Klingen 
was  not  very  well  afterwards,  and  has  been  keei>- 
ing  (|uiet ; hut  having  returned  to  (Jolomho,  he 
caTleil  on  us  today  and  is  preiiared  to  run  np 
to  Nnwara  Eliya  and  ^'isit  s(;me  of  the  (danta- 
tions  in  the  higher  districts  before  going  on  to 
China  and  dapan. 
Eor  the  present,  he  has  only  a very  short 
time  to  give  to  (.'eylon  ; hut  he  hopes  to  return 
in  November  and  spend  two  months  here  to 
collect  all  possible  information  about  our  indus- 
try and  business.  e ho[>e  the  result  may  be 
to  convince  Mr.  Klingen  that  Ceylon  can  supply 
all  the  delicate  line  teas  rerjuired  by  Ru.ssia ; 
and  further  that  in  the  face  of  our  cJi.cap  labour, 
favourable  climate  and  great  general  facilities, 
it  is  hopeless  for  his  countrymen  in  the  Cau- 
casus to  compete  protitably  in  the  jiroduction  (>f 
tea.  M'e  bespeak  all  attention  for  Mr.  Klin- 
gen : he  is  attending  the  Colombo  Pea  Sales 
today  and  ho])es  to  goto  Nnwara  Eliya  tomorrow. 
So  far  from  being  jealous  of  the  “ Commis.sion,” 
there  is  nothing  like  letting  Mr.  Klingfen  see 
and  learn  everything  he  can  in  our  Ceylon  tea 
country  to  enable  him  rightly  to  estimate  what 
our  planters  can  do,  and  to  stir  up  the  interest 
of  himself  aiul  his  countrymen  in  our  enterprise 
and  tea.  In  December-Jannary  ne.xt,  we  hope 
^Ir.  Klingen  will  be  able  to  visit  the  majority 
of  our  districts  from  the  Western  sea-borde  to 
the  ultima  thule  of  Uva. 
CuMPANV  REPUllTS;  'PHE  MAZAM'ATTE 
TRADE  MARK. 
CnMl'ANV  KKI’OK'l'.S. 
M’ith  this  are  torwarded  to  you  two  Com[)anies’ 
reports,  being  those  of  tlie  Huuasgeriya  Tea  Com- 
pany and  the  Mahaousa  Tea  Company.  The  first 
of  these  reports  states  a profit  for  the  year  dealt 
with  of  Cl, 407  l'2s  2d.  Out  of  this  a dividend 
of  4 per  cent  is  proposed,  1’4!)S  being  carried  to 
the  Suspense  Ai-connt.  Tlie  average  selling  i>rice 
of  the  Tea  is  stated  to  have  lieen  T'.’Ibd  per  lb.  The 
Company  has  7S!)  acres  under  tea  and  dO  acres 
uinler  cocoa.  Phe  directors  of  tlie  Mahaousa  t om- 
pany  re[>ort  a jirolit  for  the  year  (nett)  of  Cl, <542. 
A (iiviileiid  at  the  rate  of  10  per  cent  jier  annnm 
has  before  been  paid,  and  a similar  one  is  now 
proposed.  This  report  has  the  advantage  of 
letting  us  know  the  coat  of  the  tea  proiluced. 
Tills  is  .stated  to  h.ave  been  .IdUd  on  .the  avm'age, 
and  it.  must  be  confe.sscd  that,  this  is  a much 
iiigher  figure  than  we  had  been  prepared  for  w hen 
conipareil  with  statements  of  cost  we  have  heard 
made  by  other  growers  of  tea.  The  juice  obtained 
average'll  S-.iOd  jier  lb.,  and  the  jirolit  therefore 
falls  considerably  shoii  of  the  100  jier  eeiif. 
deduced  from  statements  before  commented  njioii. 
The  area  of  the  ( 'omji.any's  jirojierties  is,  how- 
e'’er,  small,  only  4!)(i  acres  being  in  bearing,  and 
this  doubtless  accounts  for  the  higher  relative 
cost  jier  jiound  of  made  tea.  w hen  that  of  larger 
estates  is  taken  into  conijiarison. 
In  reply  to  my  application  for  the  rcjiorts  of  the 
Madulsima  and  Hajmtale  colPee  companies.  Mr. 
Davidson,  their  Secretary,  write.i  me  from  Edin- 
burgh that  they  are  delayed  in  issvie  owing  to 
the  sudden  illness  of  two  of  the  Directors  and  of 
himself,  but  he  hojies  to  be  able  to  send  them  to 
me  shortly. 
lilt;  MAZAWATTK  TKADJ';  MARK. 
You  wdll  see  by  the  extract  .given  below  of  a Law 
Report  that  the  Mazawatte  Tea  Projirietors  ha\  e 
again  been  successful  in  the  hearing  of  the  case 
against  their  trade  mark  in  apjieal.  My  own 
ojiinion  is,  as  you  know,  that  .some  of  the  judges 
who  ha\e  tried  this  case  have  fully  aiijireciated 
all  the  jioints  involved.  Probably  no  one  who 
has  not  resided  in  Ceylon,  or  who  has  not  watched 
the  efPects  of  estate  names  on  jirices  in  Mincing- 
Lane,  could  fully  do  so.  Rut  Mes.srs.  Densham 
have  now  got  the  use  of  their  belo\  ed  “ Ma- 
zawatte” name  guaranteed  to  them,  and  resjiected 
as  these  gentlemen  universally  are,  it  would  be 
hard  to  refuse  them  our  congratulations  on  their 
reaching  their  haven  of  rest  after  all  the  disquietude 
the  action  against  them  must  have  occasioned. 
I.X  KF.  DENSHAJI  AND  SOXS’  TRADE  MARK. 
This  was  an  appeal  from  a decision  of  Mr.  .Justice 
Roiner  (reported  in  our  impression  of  .January  23, 
and  11  The  Timea  Law  Reports,  184),  refusing  to 
remove  the  name  of  “Mazawatte”  from  the  register 
of  trade  marks.  The  word  had  been  registered  by 
Messrs.  Densham  as  a “fancy  word”  in  connexion 
with  tea  under  the  Patent,  Designs,  and  Trade  Marks 
Act,  1883,  and  had  also  been  registered  for  an  ex- 
tended use  ill  connexion  with  tea  and  coffee.  Since 
the  amendment  Act  of  1888  was  passed,  an  Act 
which,  it  may  be  remembered,  substitutes,  for  per- 
mission to  register  a “fancy  word,”  permission  to 
register  an  “invented  word,”  or  a word  having  no 
reference  to  the  description  of  the  goods,  and  not 
being  a geographical  word.  The  case  is  of  some  in- 
terest, owing  to  the  length  to  which  decisions  have 
gone  in  restricting  the  nature  of  the  word  allowed 
to  be  registered.  The  applicant  was  a Mr.  Deakin, 
who  did  not  deal  in  tea  and  coffee  ; but  was  prevented 
from  registering  a trade  mark  “Maa-za”  in  certain 
classes  by  reason  of  the  registration  of  the  respon- 
dents’ mark.  Suggestions  were  made  that  the  word 
“ iMazawatte  ” was  a compound  of  Cinhalesc  and  Hin- 
dustani, and  was  descriptive  of  the  goods,  or  geo- 
graphical, or  both. 
Mr.  Moulton,  q.c.,  Mr.  Hopkiiison,  q.c.,  and  Mr. 
-John  Cutler  were  consul  for  the  applicant ; Sir 
Richard  Webster,  q.c.,  Mr.  Cozens  Hardy,  q.c.,  Mr. 
Neville,  q.c.,  and  Mr.  Sebastian  for  the  respondents 
were  not  called  upon. 
Lord  .Justice  Tjixdley  said  he  confessed  that  at 
first  he  thought  this  appeal  as  hopeless  as  it  possibly 
could  be,  and  he  thought  so  still.  He  entirely  agreed 
with  the  decision  of  Mr.  .Justice  Romer  and  the 
reasons  gii'en  for  the  decision.  The  word  “Maza- 
. watte  ” was  clearly,  in  his  opinion,  a fancy  word 
in  common  use,  and  therefore  within  the  descriji- 
tion  of  a word  allowed  to  be  registered  as  a trade 
mark  under  the  Act  of  lHy3,  the  Act  under  which 
the  respondents  first  registered.  With  respect  to 
whether  the  word  was  a fancy  word  he  asked  the 
question  whether  anybody  ever  heard  of  it.  The 
answer  was  that  no  one  who  knew  Hindustani. 
Cinhalesc, or  English,  and  no  one  acquainted  with  the 
tea  trade,  ever  heard  of  it.  Then  he  got  to  the  Act  of 
1.S8.S,  under  which  the  respondents  had  registered  in 
another  class.  The  question  under  that  Act  was 
whether  the  word  was  an  invented  word  or  a word 
having  no  reference  to  the  character  of  the  goods 
lor  which  it  was  used,  and  not  being  a geographical 
name.  Ih'  considered  all  these  dermilions  as  applica- 
lile.  Ills  Lordship  characterized  some  of  the  sugges- 
tions as  to  the  Avord  being  descriptive  or  geogr.a- 
jihical  as  absurd.  He  did  not  know,  if  this  word 
was  not  capable  of  registration,  how  any  word  could 
bo  invented  that  was.  It  was  not  their  Lordships’ 
business,  he  said,  to  fritter  away  an  Act  of  Parlia- 
ment, and  if  they  went  the  length  of  disalloAving 
the  registration  ot  this  word,  he  was  unable  to 
hud  how  any  word  could  be  invented  that  could  bg 
used  as  a trade  mark, 
