1. No person shall manufacture any flour, grits, hominy or meal until he shall have filed with the recorder of deeds of the county in which his business is conducted, and acknowledged the same as deeds to lands are required to be acknowledged, a facsimile of each of the brands he intends to use, which shall contain the colors to be used in applying the same, the weight and quality of the flour, grits, hominy or meal, and the name of the manufacturer thereof, or of some person in his employ, and the state or town or place and the mill where manufactured.

2. Should any manufacturer claim any of his said brands, or any part of the same, as a trademark, the said recorder shall record his claim, and thereafter it shall not be lawful for any other person to use such brand; provided, always, that this section shall not be construed to interfere with the right to any brand or trademark copyrighted or patented in pursuance of an act of Congress.