LABELS, TRADE MARKS, NAMES AND REGISTRATION THEREOF

M.G.L. pt. Part I, tit. Title XV, ch. c. 110

in effect

M.G.L. c. 110, § 1 Definitions

c. 110, § 1. Definitions Section 1. The following words as used in this chapter, in addition to their ordinary meaning, shall, unless the context otherwise requires, have the meanings respectively given herein: ''Beverage'', milk, cream, soda water, mineral or aerated water, ale, beer, ginger ale or similar beverages; ''Can'', jug, bottle and jar; ''Vessel'', can, jug, bottle, jar, siphon, fountain and box.

M.G.L. c. 110, § 4 Use of name of person formerly connected with business

c. 110, § 4. Use of name of person formerly connected with business Section 4. A person who conducts business in the commonwealth shall not assume or continue to use in his business the name of a person formerly connected with him in partnership or the name of any other person, either alone or in connection with his own or with any other name or designation, without the consent in writing of such person or of his legal representatives.

M.G.L. c. 110, § 4A Use of word ''corporation'' or ''incorporated'' by individual or partnership

c. 110, § 4A. Use of word ''corporation'' or ''incorporated'' by individual or partnership Section 4A. No individual, unincorporated association or partnership shall assume or use in the name or title under which his or its business is transacted the word ''corporation'' or ''incorporated'' or any abbreviated form thereof or any word or phrase which may lead the public to believe that such individual, unincorporated association or partnership is a corporation.

M.G.L. c. 110, § 4B Use of words or phrases leading public to believe that business is owned, operated or managed by United States; ''Massachusetts State Fair''

c. 110, § 4B. Use of words or phrases leading public to believe that business is owned, operated or managed by United States; ''Massachusetts State Fair'' Section 4B. No person, firm, corporation or association, other than an agency or instrumentality of the United States government, selling or offering for sale goods, wares or merchandise, shall use, or cause or permit to be used, in the corporate or trade name thereof, or in the description of the seller or of the place where the goods, wares or merchandise are offered for sale or sold, the words or phrases ''Army'', ''Navy'', ''Marine Corps'', ''Marines'', ''Coast Guard'', ''Government'', ''Post Exchange'', ''P–X'' or ''G. I.'', or any of such words or phrases, or any word or phrase which may lead the public to believe that the seller or his or its place of business is owned, operated or managed by the United States government or any agency thereof; provided, that said words or phrases may be used in the corporate name of a corporation organized under the provisions of chapter one hundred and eighty if such use is approved by the state secretary. No person, firm, corporation or association, other than an agency or instrumentality of the commonwealth shall use the words ''Massachusetts State Fair'' or any such words or phrases without the written consent of the commissioner of agriculture.

M.G.L. c. 110, § 5 Certificates of persons conducting businesses; contents; filing; fees; index

c. 110, § 5. Certificates of persons conducting businesses; contents; filing; fees; index Section 5. Any person conducting business in the commonwealth under any title other than the real name of the person conducting the business, whether individually or as a partnership, shall file in the office of the clerk of every city or town where an office of any such person or partnership may be situated a certificate stating the full name and residence of each person conducting such business, the place, including street and number, where, and the title under which, it is conducted, and pay the fee as provided by clause (20) of section thirty-four of chapter two hundred and sixty-two. Such certificate shall be executed under oath by each person whose name appears therein as conducting such business and shall be signed by each such person in the presence of the city or town clerk or a person designated by him or in the presence of a person authorized to take oaths. The city or town clerk may request the person filing such certificate to produce evidence of his identity and, if such person does not, upon such request, produce evidence thereof satisfactory to such clerk, the clerk shall enter a notation of that fact on the face of the certificate. A person who has filed such a certificate shall, upon his discontinuing, retiring or withdrawing from such business or partnership, or in the case of a change of residence of such person or of the location where the business is conducted, file in the office of said clerk a statement under oath that he has discontinued, retired or withdrawn from such business or partnership or of such change of his residence or change of the location of such business, and pay the fee required by clause (21) of said section thirty-four. In the case of death of such a person, such statement may be filed by the executor or administrator of his estate. The clerk shall keep a suitable index of all certificates so filed with him which are currently in force and effect, setting forth the pertinent facts, including a reference to any statement of discontinuance, retirement or withdrawal from, or change of location of, such business, or change of residence of such person. A certificate issued in accordance with this section shall be in force and effect for four years from the date of issue and shall be renewed each four years thereafter so long as such business shall be conducted and shall lapse and be void unless so renewed. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours, to any person who has purchased goods or services from such business. Violations of this section shall be punished by a fine of not more than three hundred dollars for each month during which such violation continues.

M.G.L. c. 110, § 6 Certificates; application of Sec. 5

c. 110, § 6. Certificates; application of Sec. 5 Section 6. The preceding section shall not apply to any corporation doing business under its true corporate name, nor to any partnership doing business under any title which includes the true surname of any partner; nor to any association which has complied with sections five and six of chapter one hundred and fifty-nine; nor to any partnership, joint stock company or association the business of which is conducted by trustees under a written instrument or declaration of trust, provided that the names of such trustees with a reference to such instrument or declaration of trust shall be filed as provided in section five, nor to any limited partnership organized or qualified under chapter one hundred and nine doing business under its true partnership name if such name contains without abbreviation the words ''limited partnership''; nor to a limited liability company or limited liability partnership which is doing business under its true name and which has registered or qualified with the office of the state secretary.

M.G.L. c. 110, § 7 to 15 Repealed, 1973, 897, Sec. 2

M.G.L. c. 110, § 16 Unauthorized performances of unpublished compositions

c. 110, § 16. Unauthorized performances of unpublished compositions Section 16. No person with knowledge or notice that a dramatic or musical composition is unpublished or undedicated shall, without the consent of the proprietor thereof, cause it to be publicly performed or represented or permit a public performance or representation of it, in any public place of amusement, licensed or unlicensed, of which he is in control, or take part in any public performance or representation thereof.

M.G.L. c. 110, § 17 Registration of bottles; description of name on bottles; fees; publication

c. 110, § 17. Registration of bottles; description of name on bottles; fees; publication Section 17. A person engaged in manufacturing, bottling or selling beverages in vessels, with his name and the word ''registered'' branded, engraved, blown or otherwise produced thereon, or on boxes used by him, may have such vessels registered by filing in the office of the clerk of the city or town where his principal place of business is situated and in the office of the state secretary a description of the name so used by him and paying the fee provided by clause (63) of section thirty-four of chapter two hundred and sixty-two, and shall publish such description once in each of four successive weeks in a newspaper published in the city or town where the description has been filed.

M.G.L. c. 110, § 18 Unlawful use of registered bottles; application of section

c. 110, § 18. Unlawful use of registered bottles; application of section Section 18. No person, without the written consent of the registered owner thereof, shall fill with a beverage with intent to sell the same any vessel registered under the preceding section, or change in any way, or conceal any name or the word ''registered'' thereon, or buy, sell, traffic in or dispose of any such vessel. This section shall not apply to vessels purchased from the registered owner; provided, that making a money charge or requiring the deposit of a sum of money under an agreement to refund the same upon the redelivery of the vessel shall not constitute a purchase thereof, within the meaning of this section. Violation of any provision of this section shall for the first offence be punished by a fine of not less than fifty cents for each vessel in respect to which the violation occurs or by imprisonment for not less than ten days nor more than one year, or both, and for each subsequent offence by a fine of not less than one nor more than five dollars for each such vessel or by imprisonment for not less than twenty days nor more than one year.

M.G.L. c. 110, § 19 Prima facie evidence of unlawful use

c. 110, § 19. Prima facie evidence of unlawful use Section 19. The purchase, sale, traffic in, disposal or use of any such registered vessel by a person engaged in the manufacture, bottling or sale of beverages, without the written consent of the owner thereof, shall be prima facie evidence of a violation of the preceding section. Possession of any such registered vessel by a junk dealer or dealer in second hand articles, without the written consent of the owner, shall be prima facie evidence of such violation. This section shall not apply to vessels purchased from the owner.

M.G.L. c. 110, § 20 Search warrant

c. 110, § 20. Search warrant Section 20. Upon complaint of a person who has complied with section seventeen, or his agent, to a district court, that he has reason to believe and does believe that any of his registered vessels are being unlawfully used or filled by a person engaged in manufacturing, bottling or selling beverages, or that a junk dealer or dealer in second hand articles or a vendor of cans or bottles has such vessels in his possession or secreted in any place, said court may thereupon issue a search warrant; and may also cause the person in whose possession such vessels are found to be brought before him, and shall thereupon inquire into the circumstances of such possession; and shall award to the owner thereof possession of the property taken upon such search warrant.

M.G.L. c. 110, § 21 Registration of milk cans; description of name; fees; publication

c. 110, § 21. Registration of milk cans; description of name; fees; publication Section 21. A person engaged in buying, selling or dealing in milk or cream in cans, or who uses cans, tubs or cabinets in the sale, transportation or storage of frozen desserts and/or frozen dessert mix, with his name and the word ''registered'' produced in a permanent manner in or upon such cans, tubs or cabinets, may register such articles by filing in the office of the clerk of the city or town where his principal place of business is situated, and also in the office of the state secretary, a description of the name so used by him, and paying the fee provided by clause (64) of section thirty-four of chapter two hundred and sixty-two, and shall publish such description once in each of four successive weeks in a newspaper published in the city or town where the description has been filed.

M.G.L. c. 110, § 22 Use of registered cans without consent of owner

c. 110, § 22. Use of registered cans without consent of owner Section 22. No person shall without the consent of the owner take, detain, use, buy, sell, traffic in or otherwise dispose of any registered can, tub or cabinet. Possession of any such registered can, tub or cabinet by a person in the transaction of his business shall be prima facie evidence of violation of this section.

M.G.L. c. 110, § 23 Destruction or mutilation of registered cans

c. 110, § 23. Destruction or mutilation of registered cans Section 23. No person shall without the consent of an owner wilfully destroy, mutilate or deface any registered can, tub or cabinet bearing such owner's name, or wilfully erase, mar, cover or change any word or name branded, engraved, blown or otherwise produced in a permanent manner in or upon such can, tub or cabinet.

M.G.L. c. 110, § 24 Defiling registered cans

c. 110, § 24. Defiling registered cans Section 24. Whoever puts an unclean or foul substance into any registered can, tub or cabinet shall for the first offence be punished by a fine of not less than fifty cents nor more than five dollars for each can, tub or cabinet with respect to which the violation occurs and for any subsequent offence by a fine of not less than two nor more than twenty dollars for each such can, tub or cabinet.

M.G.L. c. 110, § 25 Search warrant

c. 110, § 25. Search warrant Section 25. Upon complaint of a person who has complied with section twenty-one, or his agent, to a district court that he has reason to believe and does believe that a person has wrongfully in his possession or is secreting any of his registered cans, tubs or cabinets, said court may issue a search warrant to discover and obtain the same, and may also cause to be brought before him the person or his agent or employee in whose possession such cans, tubs or cabinets are found, and shall thereupon inquire into the circumstances of such possession; and, if said court finds that such person has been guilty of a wilful violation of any of the provisions of the three preceding sections, he shall impose the penalty prescribed therefor and shall also order the property taken upon such search warrant to be delivered to the owner.

M.G.L. c. 110, § 25A Registration of articles

c. 110, § 25A. Registration of articles Section 25A. A person engaged in the business of supplying or furnishing for hire or compensation on a rental or lease basis clean laundered garments, towels, aprons, bed linen or table linen who uses his name and the word ''registered'' on such articles or supplies may register such articles or supplies by filing in the office of the clerk of the city or town where his principal place of business is situated, and also in the office of the state secretary, a description of the name so used by him, and paying the fee provided by clause (64) of section thirty-four of chapter two hundred and sixty-two, and shall publish such description once in each of three successive weeks in a newspaper having a circulation in the city or town where the description has been filed.

M.G.L. c. 110, § 25B Unauthorized use or disposition of registered articles

c. 110, § 25B. Unauthorized use or disposition of registered articles Section 25B. No person shall without the written consent of the owner take, detain, use, sell, traffic in or otherwise dispose of, or use for any purpose other than that for which such article was intended, any registered towel, garment, apron, bed linen or table linen; provided, however, that the use of such article or articles at the place where the same are placed or delivered by the owner or owners under an agreement, lease or license from such owner, shall not be unlawful; and provided, further, that nothing herein contained shall make it unlawful for any hotel, restaurant, cafe or other public hostelry to permit and allow the use of such towel, garment, apron, bed linen or table linen to any guest, boarder or regularly hired employee thereof, during the period of any lease, renting or hiring agreement of said supplies with the owner thereof.

M.G.L. c. 110, § 25C Unauthorized destruction or mutilation of registered articles

c. 110, § 25C. Unauthorized destruction or mutilation of registered articles Section 25C. No person shall without the written consent of the owner wilfully destroy, mutilate or deface any registered towel, garment, apron, bed linen or table linen, or wilfully erase, mar, cover, remove or alter any word or name printed, branded, stamped or otherwise produced in a permanent manner upon such towel, garment, apron, bed linen or table linen.

M.G.L. c. 110, § 26 False trade marks, dies; sale of falsely marked goods

c. 110, § 26. False trade marks, dies; sale of falsely marked goods Section 26. Violations of any provisions of sections four A and four B shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or both.

M.G.L. c. 110, § 27 Unauthorized performance of unpublished composition

c. 110, § 27. Unauthorized performance of unpublished composition Section 27. Violations of section sixteen shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, or both.

M.G.L. c. 110, § 28 Illegal use of registered cans; mutilation

c. 110, § 28. Illegal use of registered cans; mutilation Section 28. Violation of any provision of section twenty-two or twenty-three shall be punished for the first offence by a fine of not more than five dollars or by imprisonment for not more than two months for each can, tub or cabinet in respect to which the violation occurs and for any subsequent offence by a fine of not more than ten dollars or by imprisonment for not more than six months for each such can, tub or cabinet.

M.G.L. c. 110, § 29 Penalty for violation of Secs. 25A to 25C

c. 110, § 29. Penalty for violation of Secs. 25A to 25C Section 29. Whoever violates any of the provisions of sections twenty-five A to twenty-five C, inclusive, shall be punished for the first offence by a fine of not less than ten nor more than fifty dollars, and for each subsequent offence shall be punished by a fine of not less than twenty nor more than one hundred dollars, or by imprisonment in jail for not less than thirty days nor more than three months, or both.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter110Fetched: 10/20/2026