§ 33.11. Refilling or selling trade-mark bottles and vessels. Any\nperson engaged in making, bottling, packing, selling or disposing of\nmilk, ale, beer, cider, mineral water or other beverage, or in making,\nselling or disposing of articles of pastry, may register his title as\nowner of a trade-mark by filing with the secretary of state and the\nclerk of the county where the principal place of business of such person\nis situated, a description of the marks and devices used by him in his\nbusiness, and in case the same has not been heretofore published\naccording to the laws existing at the time of publication, causing the\nsame to be published in a newspaper of the county, three weeks daily, if\nin the city of New York or Brooklyn, and weekly if in any other part of\nthe state; but no trade-mark shall be filed which is not and can not\nbecome a lawful trade-mark, or which is merely the name of a person,\nfirm or corporation unaccompanied by a mark sufficient to distinguish it\nfrom the same name when used by another person. After such registration,\nthe use without the consent of the owner of the trade-mark so described,\nor the filling of any bottle, siphon, barrel, platter, vessel, or thing\nfor the purpose of sale, or for the sale, therein, of any article of the\nsame general nature and quality which said bottle, siphon, barrel,\nplatter, vessel or other thing before contained, without the\nobliteration or defacement of the trade-mark upon it, when such\ntrade-mark can be obliterated or defaced without substantial injury to\nthe bottle, siphon, barrel, platter, vessel or other thing so as to\nprevent its wrongful use, shall be deemed a misdemeanor.\n
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