Every such dealer desiring to adopt a brand or trademark who has not heretofore adopted one may do so by the execution and acknowledgement, as deeds are required to be acknowledged, of a writing substantially in form and effect as follows:
"Notice is hereby given that I (or we or the undersigned company, as the
case may be) have (or has) adopted the following brand or trademark to be used
in my (or our or its) business as a timber dealer (or dealers, as the case may
be), to wit: (Here insert the word, letter or letters, or figures, or device
or devices adopted.)
"Given under my (or our or its) hand and seal this......… day of
.........., two thousand..................................................…
.......................................................................(Seal.)"
Such writing may be proved as deeds are proved in this Commonwealth and shall be recorded in the office of the clerk of the circuit court of the county in which the principal office or place of business of such timber dealer may be and of such other counties as such dealer may do business in. Nothing in this section shall be construed to prevent any person who has heretofore used any particular brand from adopting the same as his trademark, and when he shall have adopted it as his trademark as provided in this section it shall apply to the trees and timber heretofore marked with such brand as well as to such as may be hereafter so marked.
Code 1950, § 59-206; 1968, c. 439.