The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-28
STATE LEGISLATION ON TRADEMARKS.


To THE EDITOR HERALD:-
The recent decision of the United States supreme
Court. declaring tho nnconsttutionality or tho
federal trademark laws brings State laws on the
same subject to the foreground and renders 1t i'm
portant for every merchant who sends his goods to
the several States to know how far he Is protected
under the laws of such States 1t is true that equity
would in every State enjoin the Infringement of a
merchants marks or emblens. but in those states
where express statutory provisions made for the
registration of trademarks and for the prosecution
of wronsdoers. such provisions must DO complied
with before actions for heterogeneous are COM
nenced. Among the States which have adoptedlaws
for the registration OF trademarks California Ore
gon Missouri and Nevada contain the broadcast pro-
visions.
THE CALIFORNIA TRADEMARK REGISTRY ACT.
In California can act concerning trademarks and
names approved April B. 1869. provides that any
person who uses marks. devices. figures other
trademark name cut. stamped cas- or engraved
upon or in any manner attached to connected
with any article, with the covering or wrapping
thereof, manufactured sold by him. to designats
it as an article of q peculiar kind. character or
quality or as an article manufactured sold by
him. or il such trademark or name be so connected
with any bottle box. cask or other thing used for
holding such article he may file his claim to the
same, and copy description OF such trademark
or name with the Secretary Of State. who shall keep
a record of all the trademarks fled in his office. with
the date filed and the name OF claimant. fee
of So shall paid to the Secretary of State ut the
time OF filing such copy and description. Any
person violating the provisions OF this act by using
said trademark name, any similar name. for
the purpose of representing any article have been
manufactured sold by the person rightfuly using
such trademark name. to be of the same kind.
character quality as that manufactured or sold
by the person rightfuy using such trademark.
shall be guilty of msdemeanor. and on conviction
thereof shall be punished BY fine not less than
$25 nor more than $780, or by Imprisonment in tho
county Jail for not less than five days than
thirty days. or by both such ne aud imprisonment;
and he shall be further liable to party aggroved
by violation for all damages actually inquired.
to be recovered as debt in any court of competent
jurisdiction. Sections b, and 10 OF this act which
of particular Importance, are AZ follows:-
any person Ale without authority from the any
person any way Interfere with hinder prevent
H or articles as Belonging
trademarks or Names manufactured or sold In
has FRS: s:sS
State. shall DO considered is original owner and tbs
property, and shall BIO entitled to tho same protec
sn ~ s @r ns with s of State
as provided section = Of this act, his claim any
essespon adaS duly S.aoa 70 81
Of setting forth shat he r
the hrm corporation OF which he is nsmber Is tho
susys owner or agent OF the trademark
OREGON.
Next to completeness to tho laws Of California
lating to registration Of trademarks the laws of
Oregon. which are as tollows:-
SECTION Amy person, partnership, firm or private
s sn or ,aS Ok
scrpon any article trade for any
mill hotel machine shop SF S,nS. place OF bust,
of State particular description c-sims Of such
mark brand, name designation or description rs he may
SEC Ill there b no. already claim filed with I'll.
brand Of no shall
sdsd and kept by h% for which
s % Srs s
brand mark designation doscriptioT the secre
SEC, s;-Any person. partnor.hip firm corporation
that shall be mark brand,
designation description the samo similar 10 one
ppos shall forsi, 70 tho use NAME
tased onshs Of property goods articles trade
tho same may 81" q placed or tho value
having nav jurisdiction Of the subject matter.
a
&s
npon which the Same is placed or used or the value
1@sesSi y se CO. " '"'
rasi"n that shall any second hand
.hS Of another: 0 .ns ., Of
properly enclosed therein provided for in
sxc; all xsod, xars: merchandise or other srsL
mark, name. brand. designation or description may
% sssH nSss si s
forfeited the Of the party injured as provided for in
sKc IA foe be paid the Secretary Of
be
the 1 OF OF
description designation when may have been secured
sKc a-t shall be duty the County Clerk Of each
S y
with which said person may be desrous OF marking his
shall recorded for than resident OF the
same county.
1t is apparent from the laws above quoted that in
the States of California and Oregon the registration
OF trademarks is neither restricted to residents
it confined to any particular class or classes Of
! merchandise. Somewhat similar are the laws OF
Nevada, where trademarks may be registered with
the Secretary of state upon payment Of fee Of $2o
In Missouri the Registration law (un act to protect
mechanics. manufacturers and others in their trade
to be available only to residents of the
State, and is therefore of no particular interest to
esidents OF Now York.
MORE REsTRIcrEp REGISTRY LAWS OF OTHER STATES.
! We come to the states and Territories the
laws OF which allow registration only for particu
lar class OF merchandise. or these New York, Wis
consin, Pennsylvania Kentucky Indiana and Utah
J Territory must be mentioned. All of these, with
| the exception of the ono last ramed contain
statutes regulating the registration of trademarks
bottles and recepaces used in the sale Of
soda water. beer. cider. porter and other bever
ages. In Utah the statutes provide for the registra
ton OF trademarks and brands cattle.
THE NEW YORK TRADEMARK REGISTRY ACT.
The laws of New York laws Of 1875. chapter 303l
given in full and substantially similar to the
laws of the other States above mentioned. Thcy
| as follows:-
SECTION Ali persons and corporations engaged In the
botng packing in boxes baskets casks
in tie sale OF soda waters mineral water: porter se
cider ginger alc small beer. lager beer whc beer Or
other similar beverages In sphons bottles packed In
boxes baskets casks unpacked with their name OF
produced upon such bottles
siphons boxes baskets casks tho faucets stop
pers, corks other thing connected herewith or
pertaining thereto file IL tho oIce Of the Osk OF hS
which the principal place OF business OF snch
person persons situated and In shc Of
fec of Secretary Of State description OF tho names aud
caixnx nd