§ 33.11. Refilling or selling trade-mark bottles and vessels. Any
person engaged in making, bottling, packing, selling or disposing of
milk, ale, beer, cider, mineral water or other beverage, or in making,
selling or disposing of articles of pastry, may register his title as
owner of a trade-mark by filing with the secretary of state and the
clerk of the county where the principal place of business of such person
is situated, a description of the marks and devices used by him in his
business, and in case the same has not been heretofore published
according to the laws existing at the time of publication, causing the
same to be published in a newspaper of the county, three weeks daily, if
in the city of New York or Brooklyn, and weekly if in any other part of
the state; but no trade-mark shall be filed which is not and can not
become a lawful trade-mark, 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 another person. After such registration,
the use without the consent of the owner of the trade-mark so described,
or the filling of any bottle, siphon, barrel, platter, vessel, or thing
for the purpose of sale, or for the sale, therein, of any article of the
same general nature and quality which said bottle, siphon, barrel,
platter, vessel or other thing before contained, without the
obliteration or defacement of the trade-mark upon it, when such
trade-mark can be obliterated or defaced without substantial injury to
the bottle, siphon, barrel, platter, vessel or other thing so as to
prevent its wrongful use, shall be deemed a misdemeanor.