N.Y. Arts and Cultural Affairs Law § 33.11: Refilling or selling trade-mark bottles and vessels

§ 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.