PART II. 
BRANDS



 



§142-41  Brands to be recorded, etc. 
Every owner of livestock in the State shall have the owner's brand or mark, in
order to secure its validity and individuality, recorded in a separate book
kept for that purpose by the department of agriculture to be known as the
"Hawaii Brand Book."  No brand or mark shall be recorded which may be
similar or approximate in design to any brand or mark which has been previously
recorded.  The fee for each application for registration shall be established
by rule adopted pursuant to chapter 91.  The application may be made directly
to the department, through its duly authorized agents, or through any duly
authorized police officer.  The chief of police of the respective counties
shall authorize police officers to receive applications for registration of
brands under this section.  All moneys so received shall be paid to the
director of finance.  A signed and dated receipt shall be issued for each paid
application.  All applications shall be promptly forwarded to the department. 
If it is determined that the application seeks the registration of a brand
which either has not already been recorded by another person or is not similar
in design to any other previously recorded brand which has not expired, then a
certificate showing that such brand or mark has been duly recorded shall be
issued forthwith to the applicant.  No record shall be made of any earmark,
except only as supplemental identification of a brand.  Numerals from 1 to 9
and 0, not used in combination or with symbols, as a brand, shall not be
subject to preemptive use but shall be the common property of all persons. [L
1888, c 35, §19; am L 1911, c 58, §1; RL 1925, §681; RL 1935, §259; am L 1939,
c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §1068; am L 1953, c
235, §1(a); am L 1955, c 73, §1(a); RL 1955, §20-40; am L Sp 1959 2d, c 1,
§§14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1; HRS §142-41; am L 1982, c
149, §1; gen ch 1985]