1906-1908 Ind. Op. Att'y Gen. p. 146

led the legislature of Massachusetts to make such use of the state seal a crime, justifies you in refusing to register the seal as a trade mark. Third. Section 8681 Burns' Stats. 1901, permits the filing of a trade mark by persons "who are entitled to the exclusive use of any lawful trade mark, label, brand, stamp or wrapper." Sec- tion 8682 provides for an affidavit from such applicant, stating that no other person, firm, corporation, etc., has the right to use said mark, stamp, or brand, either in the identical form or in any such near resemblance as might be calculated to deceive. The persons or firm submitting the trade mark in question could not truthfully make this affidavit; for they can not, in the nature of the case, have an exclusive right to employ the state seal. I do not consider that the minor change in the pictorial part of the seal alters the case. Around the circumference are the words "Seal of Indiana." This directs the attention to the pic- ture as a representation of the state seal; and the omission of a single element thereof is immaterial, so long as enough remains to-suggest the seal of Indiana to an ordinary observer. My opinion therefore is, the trade mark submitted should be refused registry. OFFICIAL SEAL-FACSIMILE MAY NOT BE USED. April 5, 1907. Honorable Z. T. Sweeny, Commissioner of Fisheries and Game, Indianapolis, Indiana: Dear Sir--I am asked, through Mr. Burford, if the commis- sioner of fisheries and game is required to attach his official seal to licenses issued to hunters, and if so, can he have a facsimile printed and use that instead of attaching his seal to each license 'issued? I find that the acts of 1905, page 731, being section 609 of that act defining public offenses, provides: "Such license shall have attached thereto a photograph of the applicant and shall contain a description of the age, height weight, complexion, color of eyes, * -- " and shall contain the signature and seal of the commissioner of fisheries and game." It is also provided that the person securing such license shall have the same in his possession at any time when he is hunting, ready to exhibit to the commissioner or any of his deputies. The act of March 9, 1907, amending above section and which will be in force within a few days, also provides that- "Such license shall contain the signature and seal of the commissioner of fisheries and game, shall be counter- signed by the clerk issuing same and shall be good for one year, etc." Evidently the intention of the legislature was to require the official seal of the commissioner of fisheries and game to be at- tached to each license issued for the purpose of making it diffi- cult for interested persons to put out spurious licenses. Besides, when an applicant pays the fees required and receives his license, in a measure it is the possession of the license and not the fact of the payment of the fees that protect him. The seal being at- tached to the license gives credit to the paper no less than the signature of the commissioner, and the attached seal entitles the license to be admitted as evidence in court. The command of the law is plain, and it is my opinion that you can not legally dispense with your official seal, but that the same must be attached to each license issued by you and that the use of a facsimile would be illegal. LIBRARY-TRAVELING EXPENSES, ETC. April 5, 1907. Honorable Demarchus C. Brown, State Librarian, Indianapolis, Indiana: Dear Sir-You have requested my opinion upon the following question: "Under the law recently passed, establishing a legisla- tive reference department in the State Library, is it allow- able to pay traveling expenses to a member of the library staff in said department, for the purpose of fully carrying out the law?" The act in question (Acts 1907, page 236) contains the follow- ing: "There is hereby appropriated for the payment of the salaries of such legislative reference librarian and other assistants, and of the e-xpenses and cost of supplies and pub- lications necessary to effectually carry out the provisions of this act, the sum of $1,500 to be available on April 1, 1907, and the sum of $4,000 annually thereafter."