ART. 27] COUNTERFEITING AND FORGERY. 327

1904, art. 27, sec. 46. 1892, ch. 357, sec. 3.

52. Every such person, association or union that has heretofore
adopted or shall hereafter adopt a label, trade-mark or form of adver-
tisement as aforesaid may file the same for record in the office of the
secretary of State by leaving two copies, counterparts or fac similes
thereof with the secretary of State, and said secretary shall deliver to
such person, association or union so filing the same duly attested cer-
tificate of the record of the same, for which he shall receive a fee of one
dollar. Such certificate of record shall he in all suite and prosecution
under sections 50 to 55 sufficient proof of the adoption of such label,
trade-mark or form of advertisement, and of the right of said person,
association or union to adopt the same. No label shall be recorded that
probably would be mistaken for a la.bel already of record, of which
question the said secretary shall be the judge.

Ibid. sec. 47. 1802, ch. 357, sec. 4.

53. Every such person, association or union adopting a label, trade-
mark or form of advertisement as aforesaid may proceed by suit to
enjoin the manufacture, vise, display or sale of any such counterfeit or
imitation, and all courts having jurisdiction thereof shall grant, injunc-
tions to restrain such manufacture, use, display or sale, and shall award
the complainant in such suit such damage resulting from such wrongful
manufacture, use, display or sale as may by said court be deemed just
and reasonable, according to the evidence in the case, and shall require
the defendants to pay such persons, associations or unions the profits
derived-from such wrongful manufacture, use, display or sale, and in
addition to court costs such reasonable attorney's fees as the court may
allow; and said court shall also order that all such counterfeits or imita-
tions in the possession or under the control of any defendant in such
ease be delivered to an officer of the court, or to the complainant, to be
destroyed.

Ibid. sec. 48. 1802, ch. 357, sec. 5.

54. Every person who shall use or display the genuine label, trade-
mark or form of advertisement, of any such person, association or union,
in any manner not authorized by such person, union or association, shall
be deemed guilty of misdemeanor, and shall on conviction be punished
by imprisonment in the city or county jail not less than one month nor
more than one year, or by a fine of not less than fifty dollars nor more
than two hundred dollars, or both, in the discretion of the court.

Ibid. sec. 49. 1802, ch. 357, sec. 6.

55. Any person or persons who shall in any way use the name or
seal of any such person, association or union, or officer thereof, in and
about the sale of goods or otherwise, not being authorized to so use the
same, shall be guilty of a misdemeanor, and be punished on conviction
by imprisonment in the city or county jail for a term of not less than
three months nor more than one year, or by a fine of not less than fifty
dollars nor more than three hundred dollars, or both, in the discretion
of the court.