Title 19 Part 133 NYCRR — browse free

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19 NYCRR 133.1 - Definitions

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As used in this article:

(a)Name or mark means any word, name, symbol, picture, design or any combination thereof, produced upon and used by a person to indicate ownership of carts, cases, trays, baskets, boxes and other containers.

(b)Person means any individual, firm, partnership, corporation, association, union or other organization.

(c)Permanently affixed means branded, stamped, stenciled, engraved, etched, blown, embossed, impressed, or otherwise permanently placed upon any cart, case, tray, basket, box or other container.

19 NYCRR 133.2 - Filing of statement

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A person who uses a name or mark to indicate ownership of carts, cases, trays, baskets, boxes and other containers may file in the Office of the Secretary of State, on a form to be furnished by the Secretary, the following information:

(a)the name and business address of the person filing the statement; and, if a corporation, the state of incorporation;

(b)the nature of the business of the person filing; and

(c)the type of container with which the name, mark or device is used.

The statement shall include or be accompanied by a copy, specimen, facsimile or counterpart of such name or mark, together with the filing fee prescribed by section 96 of the Executive Law.

19 NYCRR 133.3 - Assignment

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The registration of the filing of any name or mark under this Part and the benefits obtained thereunder shall be assignable. Assignments shall be made upon forms supplied by the Secretary of State and shall be accompanied by the fee prescribed by section 96 of the Executive Law.

19 NYCRR 133.4 - Cancellation

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The Secretary of State shall cancel from the register:

(a)any certificate concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the person filing or from the assignee; and

(b)any certificate in respect of which a court of competent jurisdiction shall order cancellation on any legal or equitable ground.

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