Any person who shall have in his unauthorized possession any field box, crate, receptacle or container marked or branded with a mark or brand registered under the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than one year, or by both such fine and imprisonment, and the possession by any person of any field box, crate, container or receptacle so marked or branded, in the absence of written authority therefor, shall be prima facie evidence of the violation of the provisions of this section. But the owner of any such recorded or registered mark or brand may, in writing, authorize and designate any person to use or have in his possession any such field boxes, crates, containers or receptacles.
HISTORY: 1962 Code Section 66-228; 1952 Code Section 66-228; 1942 Code Section 6675-5; 1938 (40) 1769.
Structure South Carolina Code of Laws
Chapter 15 - Labels And Trademarks
Section 39-15-10. Use of marked beer, soda water, or mineral water containers.
Section 39-15-15. Requirements for labeling product as "peat"; penalties.
Section 39-15-20. Fraud in sale of goods marked "sterling".
Section 39-15-30. Fraud in sale of goods marked "coin" or "coin silver".
Section 39-15-410. Adoption and use of individual brands or marks.
Section 39-15-420. Registration of mark or brand with Secretary of State; registered number.
Section 39-15-430. Issuance of certificate; fees; admissibility of certificate as evidence.
Section 39-15-440. Transfer, release, or sale of brand or mark; records.
Section 39-15-450. Effect of use of brand or mark.
Section 39-15-480. Unauthorized possession of marked or branded containers.
Section 39-15-490. Effect of refusal to deliver containers to lawful owner.
Section 39-15-500. Taking or sending containers out of State without consent of owner.
Section 39-15-510. Situation in which article is inapplicable.
Section 39-15-520. Article is cumulative.
Section 39-15-710. Definitions.
Section 39-15-720. Authority to use trademark on timber.
Section 39-15-730. Purchaser's lien on branded timber.
Section 39-15-740. Loss of lien upon default in payments; removal of brand.
Section 39-15-750. Destruction of brand; removal or transfer of timber.
Section 39-15-910. Use of name or trade name in advertising.
Section 39-15-1105. Definitions.
Section 39-15-1110. Registration of distinguishing mark for goods or services; exceptions.
Section 39-15-1115. Registration of mark; required information.
Section 39-15-1120. Application, registration of mark, examination and amendment.
Section 39-15-1125. Certificate of registration; issuance; admissibility as evidence.
Section 39-15-1130. Effective period, registration of mark; renewal.
Section 39-15-1135. Mark and registration, assignment; change of name; recording.
Section 39-15-1140. Registered or renewed marks, public record.
Section 39-15-1145. Registration of mark, cancellation from register; conditions.
Section 39-15-1150. Goods and services, classification.
Section 39-15-1155. Fraudulent filing, registration of mark; liability.
Section 39-15-1160. Liability for unapproved use.
Section 39-15-1170. Action to enjoin counterfeit or imitation use of registered mark; damages.
Section 39-15-1180. Rights in marks not adversely affected by article.