Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-04-05


AN ACT To protect Persons. Associations and
Unions OF WGrkmsmeu and others IN their
Labels. Trade Marks, Devices and Forms of
Advert -ing.
BE it enacted by the Senate and House OF
Representatives in Legislature assembled,
$ follows:
s>ec,ionl Whenever any person. or any as
oclation, union of workingInen has adopted
and used. or shall hereafter adopt and use
any label, trade mark. device, or form of al
ver'lScneni 10 Indicate that goods to While b
sut h Label. Trade mark. device or form Of ad.
yer!i>cment. shall be attached or affixed, or
on which the same snail tr printed painted,
stamped or impressed were manufactured or
produced, packed or put Oh snle by such per
son, or by such association or union or by
member nr members thereof which was not
brfprr such al Iption aud use. lawfully
adopted, owned and Used by another asa la.
bel, trade mark, device or form of advert ise-
mCnt. from whom no right or authority to
use and adopt the same had been acq uired by
such person. or by such association or union
or by such member members thereof nor a
counterfeit, imitation or semblance thereof
1t shall I've unlawful to counterfeit or initiate
such label. traie marx. device or form of adj
advertisement. OF use the same without The
consent or an'hority Of the person. association
or union so having iu9ted and used it,.
section :, Whoever knowingly, and with
initiates any such label. trade mark. device or
form Of advertisement, or knowingly uses
or sells any such counterfeit ur imitation
of any snch label. trade mark, device or
form of advertisement, or knowingly sells or
dispo~es of, or keeps. or has in his possession
with intent that the same shall he sold, any
goods 10 which any such counterfeit or imita-
ton OF such label, trade mark. dev.ce or form
of advertisement is attached or affixed. or on
winch the Same is printed. painted. stamped
or impressed shall for the first ofTense he
punished by iihe not exceeding one hundred
dollars or by IMPRISONMENT for less han one
year. and for the second and every suhse-
qGent otense, he shall be punished by fine
not les than one hundred. nor more than five
hundred dollars, "r BY Imprisonment not less
than sixty day. Lor more than three years.
section j. Every such person. association
or union that HaS heretofore adopted or shall
hereafter hd"p,. a label. trade marx. device or
form OF advertisement as aforesaid, shall file
the same for record in the Office nj the ecre-
tHrf 81 state by leaving two copies, counter
PARIS "r fac-simlies thereof, with the secretary
"i state together WITH statement in writ
rug signed and sworn to by such person or by
some person Tor anu IN behalf of such associ-
al"il or union stating when and by whom 30
Ia "a ne knows ard believes. said label. trade
MARI device or form nj advertisement was
adopted or nsed- IN what manner and for what
y" f"'' ~ 7ahit - ." M dSeH anu pS what
riGht ne claims the same. and such other par
uouiar7 a. snail serve To identify the same.
sa'd secretary snail deliver to such person. as
s'r1ati"h OF unlpn SO ming the same duly At
tesl'd cer'iheste OF the record of the saule,for
which ne shati receive Zee OF two dollars.
Such cert iucatf OF record shall In Nil suits and
prosecutions under tins act he sufficient proof
OF the ADOPTION OF each label. trade marx. &C.
vice or form OF advertisement. No Label. trAie
marx, device or form OF advertisement shall
DC recorded mat 50 nearly resembles one
siready recorded az to ot liable to be mistaken
Tor sncn label, trade mark. device or form of
advertisement and when in the judgment Of
the secretary OF state. snch resemblance eK-
lists he shall refuse TO record such Label, trade
marx, device or form Of advertisement.
sections. livery sneh person. association or
union that has adopted and uses label. trade
marx, device or form OF advertisement, as
Aforesaid, and which has been recorded in the
Office OF the secretary of state hereinbefore
provided. may proceed By suit to enjoin the
manufacture, use, display or sale Of any such
counterfeits or limitations or Of any goods to
which such eounterfeits or limitations shall he
affixed or attached. or on which the same shall
be printed, painted or impressed, and all courts