2012 New York Consolidated Laws
LAB - Labor
Article 7 - (200 - 219-C) GENERAL PROVISIONS
208 - Labels, brands and marks used by labor organizations.

 
    § 208. Labels, brands and marks used by labor organizations. 1. A bona
  fide union or association of employees which has adopted a device in the
  form of a label, brand, mark, name or other character for the purpose of
  designating  the  products  of the labor of its members may apply to the
  commissioner for the registration of such device.
    2. An application for such  registration  shall  be  made  on  a  form
  prescribed   by   the   commissioner  and  shall  be  accompanied  by  a
  non-refundable filing fee of ten dollars.  Notice of the filing of  such
  application shall be given by the commissioner to interested persons and
  unions  in  such  manner  as  the  commissioner shall by rule prescribe.
  Within twenty days following the date of such notice of application, any
  union or aggrieved person may  submit  to  the  commissioner  a  written
  objection  to  the  registration  of  the  device.  If  no  objection is
  submitted,  the  commissioner  may  register  the  device  and  issue  a
  certificate of registration. Such certificate shall not be assignable.
    3.  If  an  objection  to  the  registration  is  duly  filed with the
  commissioner, the commissioner shall promptly refer the objection to the
  board of standards and appeals.  Upon due notice the board shall conduct
  a hearing to determine whether the registration  should  be  granted  or
  denied. The board may deny registration on any of the following grounds:
    a.  That  the union or association of employees filing the application
  for registration is not a bona fide union;
    b. That the union or association of employees filing  the  application
  for registration is not the rightful owner thereof;
    c.  That  the union or association of employees filing the application
  for registration has made misrepresentations concerning the device; or
    d. That the device sought to be registered by the union or association
  of employees is so similar to a device previously registered by a  union
  or association of employees that it is calculated to deceive.
    4. On petition of a union or aggrieved person, the registration of any
  device   may  be  revoked  by  the  board  if  it  determines  that  the
  registration was granted improperly or was obtained fraudulently.
    5. The determination of the board may  be  reviewed  pursuant  to  the
  provisions of article seventy-eight of the civil practice law and rules.
    6.  The  commissioner and the board shall promulgate appropriate rules
  and regulations to carry into effect the provisions of this section.