COMPILED CODE - Iowa Legislature - State of Iowa

407
Tit. XXI, Ch. 10-A. REGISTRATION OF TRADEMARKS. || 6198-al-6198-a5.
CHAPTER 10-A.
REGISTRATION OF TRADEMARKS, LABELS, AND ADVERTISEMENTS.
NOTE: The sections of this chapter were enacted by 39 G. A., ch. 29, as a
substitute for sections 8701 to 8703, inclusive, of the compiled code. Said sections
of the compiled code appeared in the title on "Criminal Law". The substitute is
largely regulatory in its character, the criminal feature being only Incidental. For
that reason the substitute is placed as a chapter in this title instead of being
carried In the title on "Criminal Law".
SECTION 6198-al. Labels, trademarks or form of advertising—
form—filing.
1 Every person, firm, association or corporation that has heretofore
2 adopted or shall hereafter adopt for their protection any label, trade-
3 mark or form of advertisement, may file the same for record in the
4 office of the secretary of state by leaving two copies, counterparts or
5 facsimiles thereof with the secretary of state. Said label, trademark
6 or form of advertisement shall be of a distinctive character and not of
7 the identical form or in any near resemblance to any label, trademark
8 or form of advertisement previously filed for record in the office of the
9 secretary of state.
[C, '97, § 5049 ; 39 G. A., ch. 29, § 1.]
SEC. 6198-a2. Certification of registration—fees.
1 When the said secretary of state is satisfied that the facsimile
2 copies or counterparts filed are true and correct, and that they are not
3 in any manner an infringement or are calculated to deceive, he shall
4 deliver to such person, firm, association or corporation so filing the
5 same, a duly attested certificate of registration of the same for which
6 he shall receive a fee of one dollar for filing and an additional fee of
7 one dollar for a certificate of registration.
[C, '97, § 5049 ; 39 G. A., ch. 29, § 1.]
SEC. 6198-a3. Prima facie proof.
1 Such certificate of registration shall in all actions and prosecutions
2 be sufficient proof of the adoption of such label, trademark or form of
3 advertisement, and of the right of such person, firm, association or
4 corporation to adopt and use the same.
[C., '97, § 5049 ; 39 G. A., ch. 29, § 1.]
SEC. 6198-a4. Alterations—registration.
1 Should there be at any time any change, alteration or modifica-
2 tion in such label, trademark or form of advertisement so registered,
3 the same shall be registered in the office of the secretary of state in the
4 same manner and upon the payment in amount of the same fees as in
5 the case of the original registration.
[39 G. A., ch. 29, § 1.]
SEC. 8198-a5. Injunction—damages and general relief.
1 Every person, firm, association or corporation adopting a label,
2 trademark or form of advertisement as specified in this chapter, may
3 proceed by action to enjoin the manufacture, use, display or sale of any