Arts and Cultural Affairs - Trade-marks - Offenses Against Trade-marks - Offenses against trade-marks

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§ 33.09. Offenses against trade-marks. A person who:

1. Falsely makes or counterfeits a trade-mark; or

2. Affixes to any article of merchandise, a false or counterfeit
trade-mark, knowing the same to be false or counterfeit, or the genuine
trade-mark, or an imitation of the trade-mark of another, without the
latter's consent; or

3. Knowingly sells, or keeps or offers for sale, an article of
merchandise to which is affixed a false or counterfeit trade-mark, or
the genuine trade-mark, or an imitation of the trade-mark of another,
without the latter's consent; or

4. Has in his possession a counterfeit trade-mark, knowing it to be
counterfeit, or a die, plate, brand or other thing for the purpose of
falsely making or counterfeiting a trade-mark; or

5. Makes or sells, or offers to sell or dispose of, or has in his
possession with intent to sell or dispose of, an article of merchandise
with such a trade-mark or label as to appear to indicate the quantity,
quality, character, place of manufacture or production, or persons
manufacturing, packing, bottling, boxing or producing the article, but
not indicating it truly; or

6. Knowingly sells, offers or exposes for sale, any goods which are
represented in any manner, by word or deed, to be the manufacture,
packing, bottling, boxing or product of any person, firm or corporation,
other than himself, unless such goods are contained in the original
package, box or bottle and under the labels, marks or names placed
thereon by the manufacturer who is entitled to use such marks, names,
brands or trade-marks; or

7. Shall sell or shall expose for sale any goods in bulk, to which no
label or trade-mark shall be attached, and shall by representation, name
or mark written or printed thereon, represent that such goods are the
production or manufacture of a person who is not the manufacturer; or

8. Shall knowingly sell, offer or expose for sale any article of
merchandise, and shall orally or by representation, name or mark written
or printed thereon or attached thereto used in connection therewith, or
by advertisement, or otherwise, in any manner whatsoever make any false
representation as to the person by whom such article of merchandise or
the material thereof was made, or was in whole or in part produced,
manufactured, finished, processed, treated, marketed, packed, bottled or
boxed, or falsely represent that such article of merchandise or the
material or any part thereof has or may properly have any trade-mark
attached to it or used in connection with it, or is or may properly be
indicated or identified by any trade-mark, is guilty of a misdemeanor.