TRADEMARK STATUTES OF THE STATES AND TERRITORIES. No registration law. ALABAMA. Article 8, c. 196, Code, 1896, an act relating to the unauthorized use or defacement of the bottles, siphons, kegs, etc., of manufacturers, bottlers and venders of soda water and other beverages. Act of March 1, 1901. An act for the protection of labels or devices of unions or associations of workingmen. Any union or association of workingmen may adopt and use a label or device for the purpose of designating and distinguishing any goods, wares, or merchandise or other product of the labor of the association or union of workingmen, or of a member or members of the association or union. A copy of any such label or device may be filed in the office of the Secretary of State upon payment of a fee of one dollar. (Sec. 4876, Code of Ala., 1907.) ALASKA. Carter's Annotated Alaska Codes, Page 18. SECTION 84. Knowingly Using or Counterfeiting Trademarks, etc. That if any person shall wilfully and knowingly use or cause to be used any private brand, label, stamp, or trademark of another, either by counterfeiting the same or using any impression, or copy thereof made or prepared by the proprietor thereof, or shall wilfully and knowingly use or cause to be used any colorable imitation of such brand, label, stamp, or trademark, with intent to deceive any one, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than one month nor more than six months, or by fine not less than twenty nor more than three hundred dollars. ARIZONA. REVISED STATUTES, 1913-PENAL CODE. Title 9. CHAPTER XII. Sec. 316; P. C. 1901. SECTION 357. Every such association, union or corporation that has heretofore adopted, or shall hereafter adopt, a label, trademark or form of advertisement, as aforesaid, shall file the same in the office of the Secretary of State by leaving two copies, counterparts or facsimiles thereof, with the Secretary of State. Said Secretary shall deliver to such corporation, association or union so filing the same, a duly attested certificate of the record of the same, for which he shall receive a fee of three dollars; such certificate of record shall in all suits and prosecutions under this chapter be sufficient proof of the adoption of such label, trademark, or form of advertisement, and of the right of said union, corporation or association to adopt the same. Sec. 319; P. C. 1901. It shall be the duty of the Secretary of State to see that all associations, unions or corporations enjoying the benefits of labels, trademarks, or forms of advertisements herein described shall comply with the provisions of this section in all respects. SECTION 358. Every person who shall use or display the genuine label, trademark or form of advertisement of any such association, corporation or union, in any manner not authorized by such association, corporation or union, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not less than three months nor more than one year, or by a fine of not less than one hundred dollars nor more than two hundred dollars, or by both. Fees of Secretary of State, $3.00 for the certificate, plus 25 cents for filing. SECTION. 7960. ARKANSAS. REGISTRATION OF TRADEMARKS. Protection in use of, how secured. 7961. Declaration under oath of party claiming. 7962. Secretary of State not to record name unaccompanied by marks distinguishable from others. 7963. Copies of trademark, etc., under seal of Secretary of State, may be used as evidence. 7964. Trademarks to remain in force twenty-five years; exception. 7965. Penalty for violating trademark. 7966. No action allowed to protect trademark used in unlawful business or obtained by fraud, etc. 7967. 7968. Persons obtaining trademark by fraud liable for damages. 7969. For bottles, boxes, siphons, etc., how obtained. Fee of clerk. 7972. Penalties for violation of act. 7973. Search warrant may be issued for. Party having arrested. SECTION 7960. Any person or firm in this state, or any of the United States or territories thereof, and any corporation. created by the authority of this state, or the United States or any of the states or territories thereof, and any person, firm or corporation, resident, or located in any foreign country, which, by treaty or convention, affords similar privileges to citizens of the United States, and who may be entitled to the exclusive use of any lawful trademark or device, or who may intend to adopt and use any trademark or device for exclusive use in this state, may obtain protection for such lawful trademark or device by complying with the following requisites and requirements: First-By making out and filing in the office of the Secretary of State of this state, to be there registered or recorded, a statement specifying the names of the parties and their residence and place of business who desire the protection of the trademark, the class of merchandise, and particular description of goods comprised in such class, by which or to which the trademark has been or is intended to be appropriated; a description of the trademark itself or device, or combination of words, letters or figures or characters used or intended to be used as such, and the mode in which it has been or is intended to be applied and used, and the length of time, if any, during which the trademark has been in use. Second-By making payment to the Secretary of State, for the use of the state, of a fee of not less than twenty-five nor more than one hundred dollars, to be determined by the Secretary according to a schedule of fees arranged with reference to the number of words, figures, characters, etc., contained in such statement, which schedule it is made the duty of the Secretary to make and keep posted up in his office. SECTION 7961. The certificate prescribed in the preceding section must, in order to create any right whatever in favor of the party filing it, be accompanied by a written declaration, verified by the person or by some member of the firm or officer of the corporation by whom it is filed, to the effect that the party claiming the protection for the trademark has a right to the use of the same, and that no other person, firm or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as might be calculated to deceive, and that the fac-similes presented for record are true copies of the trademark sought to be protected. SECTION 7962. The Secretary shall not receive and record. any proposed trademark which is not and can not become a lawful trademark, or which is merely the name of a person, firm or corporation, unaccompanied by a mark sufficient to distinguish it from the same name when used by other persons, or which is identical with a trademark appropriated to the same class of merchandise and belonging to a different owner, and already registered or received for registration, or which so nearly resembles such last-mentioned trademark as to be likely to deceive the public. But this section shall not prevent the registry of any lawful trademark rightfully in use on the first day of May, 1883. SECTION 7963. The time of the receipt of any trademark at the office of the Secretary of State, for registration or record, shall be noted and recorded. Copies of the trademark, and of the date of receipt thereof, and of the statement filed therewith, under the seal of the Secretary of State shall be furnished by the Secretary to any person who may apply therefor, and pay the fee therefor fixed by the Secretary, not exceeding the fee required for the original registration thereof, and such copies. shall be evidence in any suit or proceeding in which such trademark shall be brought in controversy. SECTION 7964. A trademark registered as above prescribed shall remain in force for twenty-five years from the date of such registration, except in case where such trademark is claimed for, and applied to, articles not manufactured in this state, and in which it receives protection under the laws of some other state, territory or foreign country for a shorter period, in which case it shall cease to have any force in this state, by virtue of this act, at the same time that it becomes of no effect elsewhere. SECTION 7965. Such trademark, during the period it remains in force, shall entitle the person, 'firm or corporation registering the same to the exclusive use thereof, so far as regards the description of goods to which it is appropriated in the statement filed under oath, as aforesaid, and no other party shall lawfully use the same trademark, or substantially the same or so nearly resembling it as to be calculated to deceive, on substantially the same description of goods, or obtain, use or employ any article or thing whatever upon which such trademark, or substantially the same, or one so nearly resembling it as to be calculated to deceive, has been printed, painted, stamped, woven, branded or in any manner put or placed, for the purpose of putting up, shipping, selling, or otherwise disposing of substantially the same description of goods as those to which the same has been appropriated by the party rightfully entitled to the use of such trademark; and any person or member of any firm, or agent, or officer of any corporation, not entitled so to do, who shall knowingly use such trademark, or obtain, use or employ, as aforesaid, any such article or thing, or shall reproduce, counterfeit, copy or imitate any recorded trademark, and affix the same to, or, for the purpose of having the same used or disposed of, to affix to goods of substantially the same descriptive properties and qualities as those referred to in the registration, or who shall, with intent to defraud, deal in or sell, or keep, or offer for sale, or cause or procure the sale of, any goods of substantially the same descriptive properties as those referred to in the registration of any trademark registered in pursuance of this act, to which, or to the package in which the same are put up, is fraudulently affixed said trademark, or any colorable imitation thereof, calculated to deceive the public, knowing the same to be counterfeit, or not the genuine article, or goods referred to in said registration, shall be deemed guilty of a high misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both such fine and imprisonment, and such person, and also the firm of which he is a member, or the corporation of which he is an agent or officer, and which may have countenanced or connived at his act, shall moreover be liable to an action for damages for such wrongful act, at the suit of the owner of such trademark, and the party aggrieved shall also have his remedy according to the course of equity, to enjoin the wrongful use of his trademark, and to recover compensation therefor in any court of competent jurisdiction, and in any such action or suit such owner or aggrieved party shall be entitled to recover a reasonable amount for attorney's fees, to be paid by the party or parties held liable therein. |