| Show TO PROTECT LABELS an act to protect association fir firms mi and persons in their labels trade marks and formia of advertising be it enacted by the governor Go and legislative desembly Ae of the territory of utah SECTION 1 whenever any person association or firm whether incorporated or unincorporated have adopted cr shall hall hereafter adopt for their protection tec tion any label trade mark device or form of advertisement announcing that goods good to which ouch label trade mark device or form or of advertisement shall be attached were manufactured by such person or by a member or members of such association or firm and who shall have complied with section 3 8 of this act it shall be ful for any person or corporation to counterfeit or imitate such la be tea demark device or form of advertisement advertis ment every person violating this section shall upon udon conviction be punished by imprisonment in the county jail for not more than six months or by a fine of not more than two hundred dollars or both sec 2 every person who shall use any counterfeit or imitation of if any label trade mark or form of advertisement of any such person arm or asso elation knowing the same to be counterfeit or imitation shall by bo guilty of a misdemeanor see sec 3 every such p person raon association or firm that has heretofore adopted or shall hereafter adopt a label labe trabe arabe mark device or form of advertisement ti as aa aforesaid who desire protection under this act shall file the same for record in the office of the secretary of the territory by leaving two copies counterparts or facsimiles thereof with the secretary of the territory accod accompanied pa nied by a written d declaration verified by the person or by a member of a firm or by an officer of an association or corporation applying to the effect that such party has at the time a right to the use of the trade mark sought to be registered and that no other person firm association or corporation has baa the right tu to aoh such use either in the identical form or in any such near resemblance thereto as might t be calculated to deceive and that the description and facsimiles truly represent the trade mark sought to be registered said secretary shall deliver to such person association or firm so filing the thes same amea a duty duly attested certificate of the record of the same for w which bich he shall receive a fee of two dollars such certificate of record shall in all suits and prosecutions under this his act be arima facie evidence of proprietorship and proof of the adoption of such label trade mark device or form of advertisement and ana of the right of such person association or firm to adopt the same provided that no trade mark which is in simply the name of the applicant or any other person or any name which is simply ue of the article sought to be protected shall be registered under this act no label trade mark device or form of advertisement shall DO re recorded cordel that would be liable to be mistaken for any label trade mark device or form forin of advertisement already of record see sec 4 every such person association or firm adopting a label trade mark device or form of advertisement who have complied compiled with the requirements of this act an aa aforesaid may proceed by suit to enjoin the manufacture fao ture use display or sale of any such counterfeits counterfeit or and all courts having jurisdiction thereof may grant injunctions to restrain such facture use display or sale and shall award the complainant in said sult such damages resulting from such wrongful manufacture use display or sale as may by said court be deemed suet and reasonable and shall require ahe defendants to nay day to such person ase or firm the profits derived from such wrongful ure use display or sale and sold said court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court or to the complainant to be destroyed st see sec 6 5 every person who shall use or display the ibe genues e label trade mark device or form of advertisement of any ouch person association or firm in auy manner not authorized by such person association or firm shall ball be deemed guilty of a midd misdemeanor elennor em ennor in all oases cases where such association or firm is not incorporated suits under this act may be commenced and prese arese dated by any authorized officer or member of such association or firm see 6 any person or persons persona who shall ahall in any way use the trade mark or seal of any such auch person association or firm or officer thereof in and about the sale ale of goods or otherwise not being authorized to use the same shall be guilty of a misdemeanor see sec 7 all sets acts and parts of acts act in conflict with this act and sections to co inclusive compiled laws 1888 are hereby repealed approved march eth 1894 |
