§ 25-5.5-109 — Brands and marks - defacement

Colorado § 25-5.5-109

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Dairy Products, Imitation Dairy Products,

Text

(1) Any person engaged in the
transportation or manufacture of any dairy product or ice cream or in bottling milk
and cream for sale and use may adopt a brand or mark of ownership to be stamped
or marked on any can, bottle, or other receptacle used in the handling and
transportation of any of said products and may file in the office of the secretary of
state a description of the brand or mark so used by them and the use to be made of
any such can, bottle, or other receptacle. The brand or mark so selected and
adopted may consist of a name, design, or mark or some particular color of paint or
enamel used upon the can, bottle, or other receptacle or any part thereof.

(2) It is unlawful for any person to adopt or use any brand or mark which has
already been designed, appropriated, or obtained under the provisions of this
section. It is unlawful for any person, other than the rightful owner thereof, to use
any can, bottle, or other receptacle marked or branded for any purpose or for the
transportation or handling of any other article or dairy product than the one
designed or provided for by such brand or mark. It is unlawful for any person, other
than the rightful owner thereof, to deface or remove any such brand or mark put
upon any such can, bottle, or other receptacle.

(3) To prevent the use of said cans, bottles, or other receptacles for any
purpose other than those provided for in this part 1 and to ensure the
wholesomeness and high quality of the dairy products and the sanitary conditions
of the receptacles in which the same are transported, it is the duty of the
department to enforce the provisions of this section.

Legislative History

Source: L. 85: Entire article added, p. 893, � 1, effective April 5.