§ 208 — Labels, brands and marks used by labor organizations

§ 208. Labels, brands and marks used by labor organizations. 1. A bona\nfide union or association of employees which has adopted a device in the\nform of a label, brand, mark, name or other character for the purpose of\ndesignating the products of the labor of its members may apply to the\ncommissioner for the registration of such device.\n 2. An application for such registration shall be made on a form\nprescribed by the commissioner and shall be accompanied by a\nnon-refundable filing fee of ten dollars. Notice of the filing of such\napplication shall be given by the commissioner to interested persons and\nunions in such manner as the commissioner shall by rule prescribe.\nWithin twenty days following the date of such notice of application, any\nunion or aggrieved person may submit to the commissioner a written\nobjection to the registration of the device. If no objection is\nsubmitted, the commissioner may register the device and issue a\ncertificate of registration. Such certificate shall not be assignable.\n 3. If an objection to the registration is duly filed with the\ncommissioner, the commissioner shall promptly refer the objection to the\nboard of standards and appeals. Upon due notice the board shall conduct\na hearing to determine whether the registration should be granted or\ndenied. The board may deny registration on any of the following grounds:\n a. That the union or association of employees filing the application\nfor registration is not a bona fide union;\n b. That the union or association of employees filing the application\nfor registration is not the rightful owner thereof;\n c. That the union or association of employees filing the application\nfor registration has made misrepresentations concerning the device; or\n d. That the device sought to be registered by the union or association\nof employees is so similar to a device previously registered by a union\nor association of employees that it is calculated to deceive.\n 4. On petition of a union or aggrieved person, the registration of any\ndevice may be revoked by the board if it determines that the\nregistration was granted improperly or was obtained fraudulently.\n 5. The determination of the board may be reviewed pursuant to the\nprovisions of article seventy-eight of the civil practice law and rules.\n 6. The commissioner and the board shall promulgate appropriate rules\nand regulations to carry into effect the provisions of this section.\n