One who produces or deals in a particular thing or conducts a particular business may appropriate to his exclusive use, as a trademark, any form, symbol, or name which has not been so appropriated by another to designate the origin or ownership thereof; but he cannot exclusively appropriate any designation, or part of a
designation, which relates only to the name, quality, or the description of the thing or business or the place where the thing is produced or the business is carried on.
History: (Code 1923, §10370; Code 1940, T. 47, §271.)