, 1899-02-15
CHAPTER 3.
PROTECTION OF TRADE MARKS.
House Bill No. 5

An Act to protect manufacturers. merchants and others from the
use of counterfeit labels and stamps.
Be it Enacted by the Legislature of the State of Wvomiug:
Section l. Any person, association or union NAV adOpt
a label, trade mark, stamp or form of advertisement not
previously owned or adopted by any other person, associa-
ton or union, and may file the same for record in the Office
of the Secretary of State, by leaving two copies. counter.
parts of facsmiles thereof, with said Secretary; and shall
file Herewith a certificate specifying the name or names
of the person, association or union so filing such label.
Trademark, stamp, or form of advertisement, his or its resi-
dence, location or place of business, the class of merclan-
disc and the particular description of goods comprised in
such class to which it has been or is intended to be appro.
pldated, and the length of time, if any, during which it has
been in use. Such certificates shall be accompanied by a
written declaration, verified under oath by the person or
some officer of the association or union by whom il is filed.
to the effect that the party so filing such label, trademark.
stamp or form OF advertisement, has a right to the use of the
same, and that no other person, firm, association. union or
corporation has the right to such use, either in the identi-
cal form or in any such near resemblance thereto as may be
calculated to deceive and that the facsimiles. copies or
counterparts filed Herewith are true and correct. There
shall be paid for such filing the fee of five dollars. Said
Secretary shall deliver to such person, association r union
so filing the same, Il duly attested certificate of the record
of the same, for which he shall receive the fee Of five dollars
Such certificate of record shall, in all suits and prosecutions
under this Act, be sufficient proof of the adoption of such
label, stamp, trademark or form of advertisement. No
label, trademark stamp or form of advertisement shall be
recorded that would reasonably be mistaken for a label,
trademark, stamp, or form of advertisement already on
record.
Sec. 9. The Secretary of State is authorized to make
rules and regulations, and prescribe forms for the filing
of labels, trademarks and forms of advertisement under
the provisions of this Act.
sec.3. The owner of any such label, trademark, stamp
or form of advertisement recorded as provided i'm section
one OF this Act, may proceed by suit to enjoin the manu-
facture, use or sale of any such counterfeits or limitations,
ana all courts having jurisdiction thereof, shall grant in
functions to restrain such manufacture, use or sale, and
snail award the complainant in such suit such damages re-
sulung from such wrongful manufacture, use or sale as
may by said court be deemed Just and reasonable, and shall
require the defendant to pay to such person, association
or union the profits derived from such wrongful manu-
facture, use or sale; and such court may also order that all
such counterfeits or limitations in the possession or under
the control of any defendant in such case be delivered to
an ohheer OF the court, or to the complainant, to be de-
stroyed. In all cases where such association or union is
MOI incorporated, suits under this Act may be commenced
ana prosecuted by an officer of such association or union,
on behalf of and for the use of such association or union,
and every member of such association or union shall be
liable for costs in any such proceedings
Sec, 4, Every person, who, without authority from
the owner OF a label, trade mark, stamp or form of adver.
tlsement recorded as aforesaid, shall make or use any
counterfeit or imitation of such label, trademark, stamp,
Dr. FORM II advertisement, knowing the same to be counter
telt or IMITATION, and every person, who, without author
lty from such owner, shall atiX, impress or use such
label, trade mark, stamp or form of advertisement upon
any goods shall be punished by a fine not exceeding two
hundred dollars, or by Imprisonment not exceeding one
year, or by both such fine and Imprisonment.
Sec. 3. Every person who shall sell goods upon which
such label, trademark, stamp or form of advertisement re-
cofueu as aforesaid, or any cOunterfeits or limitations there
OF, shall be unlawfully impressed, affixed or used. shall be
punished by a fine not exceeding two hundred dollars. or
by Imprisonment not exceeding one year, or by both such
hne ana imprisonment, unless such person shall show that
at the time such goods came into his possession he did NOT
know that the impression, afixing or use of such label,
trademark, stamp or form of advertisement was unlawful
sec. o. In any suit or prosecution under the pro-
visions of this Act the defendant may show that he or if
was the ownIr of such label, trademark or form of adyer.
tlsement, prior to its being filed under the provisions of
this Act, and that it has been filed wrongfully or without
right by some other person, association or union.
Sec. Z. This Act shall not be construed as TO apnlv +o
brands, marks or tags on live stock.
Sec. 8. This Act shall take effect and he in force from,
and after it's passage.
Approved February 18th. A. ID 1900