44-604. Penalty for fraudulent record. Any person who shall, for himself or on behalf of any other person, association or union, procure the filing of any label, term, design or form of advertisement, other than a trademark or a service mark, in the office of the secretary of state under the provisions of this chapter, by making any false or fraudulent representations or declarations, verbally or in writing or by any fraudulent means, shall be liable to pay any damages sustained in consequence of any such filing, to be recovered by, or on behalf of, the party injured thereby, in any court having jurisdiction, and shall be guilty of a misdemeanor, and be punished by a fine not exceeding $100, or by imprisonment not exceeding three (3) months.
[(44-604) 1897, p. 123, sec. 4; reen. 1899, p. 316, sec. 4; reen. R.C. & C.L., sec. 1452; C.S., sec. 2317; I.C.A., sec. 43-504; am. 1965, ch. 306, sec. 4, p. 818.]