Section 71. Registration of mark; defacing mark; seizure


Latest version.
  • Any person owning
      milk cans, jars, bottles, bottle cases or carton cases upon which he has
      placed or desires to place any designating mark may  register  the  said
      designating mark with the commissioner, who shall keep a record thereof,
      and  he  may also register with the commissioner, from time to time, the
      number of such cans, jars, bottles, bottle cases or carton cases,  which
      he  has  or is to have, which do or may bear such designating mark. Such
      cans, jars, bottles, bottle  cases  or  carton  cases  may,  after  such
      registration  be numbered consecutively and such consecutive numbers may
      be registered in the department, as above provided, with the designating
      mark.  If any such can, jar, bottle, bottle case or carton case, bearing
      such designating mark, shall be found in possession of, and  being  used
      by  any  person  other  than the one so registering the same it shall be
      presumptive evidence of a violation of the provisions of  this  article,
      unless  such  person has the consent of the owner thereof to so have and
      use the same.
        No person, except  the  original  owner  thereof,  or  a  person  duly
      authorized  by  him  so  to do, shall remove, deface or erase any of the
      marks upon the cans, jars, bottles, bottle cases or carton cases  herein
      provided for.
        When  the  commissioner,  or  any person duly authorized by him, shall
      find any such cans, jars, bottles, bottle cases or carton cases, bearing
      such registered designating mark, in the possession of or being used  by
      another  person  than  the  owner thereof, he may seize the same, and if
      evidence is produced in three days showing that  such  person  had  been
      given  permission  to have or use such cans, jars, bottles, bottle cases
      or carton cases, then they shall be delivered by  the  commissioner,  or
      his  agents,  to  the person from whom taken, otherwise the commissioner
      shall notify the owner of such cans,  jars,  bottles,  bottle  cases  or
      carton cases, that he has the same and upon application deliver the same
      to such owner.