This Act may be cited as the Industrial and Linen Supplies Marking Law
This Act may be cited as the Industrial and Linen Supplies Marking Law. (Source: P.A. 86-1475.)
Illinois · statute · 765 ILCS 1045 · 14 active provisions
This Act may be cited as the Industrial and Linen Supplies Marking Law. (Source: P.A. 86-1475.)
For the purposes of this Act, unless otherwise required by the context: (a) "Person" means any individual, firm, partnership or corporation. (b) "Name," "mark," or "device" means any word, name, symbol, picture, design or device, or any combination thereof, produced upon, and used by a person to indicate ownership of a…
Right to register name or mark. Any person who uses in this State a name, mark or device to indicate ownership of articles or supplies as defined in this Act may file in the office of the Secretary of State, on a form to be furnished or approved by him, a verified statement setting forth, but not limited to, the follow…
Certificate to be issued by the Secretary of State. Upon receipt of such verified statement, the Secretary of State shall cause a certificate of registration to be issued and delivered to the person filing the statement. The certificate shall be issued over the signature and Seal of the Secretary of State, and shall sh…
Assignment of certificates. The certificate of the filing of any name, mark or device pursuant to this Act and the benefits obtained thereunder are assignable with the sale of the articles or supplies on which the same are produced and used. Assignments must be in writing duly executed and may be recorded upon the paym…
Public record of names, marks, or devices filed. The Secretary of State shall keep for public examination a record of all names, marks, or devices filed pursuant to this Act. (Source: Laws 1967, p. 1405.)
Cancellation of certificates. The Secretary of State shall cancel from the Register any certificate when a voluntary request for cancellation thereof is received from the registrant or from the assignee of record, or when a court of competent jurisdiction shall order cancellation. (Source: Laws 1967, p. 1405.)
Paying or accepting of deposit not deemed a sale. For purposes of this Act, the requiring, taking, paying, or accepting of any deposit for any purpose upon any articles or supplies does not constitute a sale of such property, either optional or otherwise. (Source: Laws 1967, p. 1405.)
Unlawful acts. It is unlawful for any persons, except the registrant, a person who has the written consent of the registrant, or a person who has purchased the supplies from the registrant, to do any of the following: (a) Use, give, buy, take, destroy, sell, damage, or otherwise dispose of, or traffic in articles of su…
Unauthorized use. The use or possession by any person, other than the registrant or his agent of any articles or supplies without the written consent from the registrant or his agent, creates, in any civil or criminal proceeding relating to such articles or supplies, a presumption of unlawful use of or unlawful traffic…
Search warrant. Whenever the registrant, or officer, or authorized agent of any firm, partnership or corporation which is a registrant under this Act, takes an oath before any circuit court, that he has reason to believe that any supplies are being unlawfully used, sold, or secreted in any place, the court shall issue…
Search warrant; return; punishment of violator. If the circuit court finds that any person brought before him has been guilty of a violation of this Act, the court shall impose the punishment prescribed in this Act and shall award possession of the property taken or found pursuant to the execution of the search warrant…
Rights and remedies under any other statute not affected. This Act shall not be construed as preventing the enforcement of rights and remedies under any other statute concerning articles or supplies upon which a name, mark, or device indicating ownership thereof has been produced, whether or not such name, mark, or dev…
Penalties. A person convicted of violating any prohibited provision of this Act shall be guilty of a Class A misdemeanor. (Source: P.A. 77-2452.)