(765 ILCS 1045/1) (from Ch. 140, par. 101)
Sec. 1.
This Act may be cited as the
Industrial and Linen Supplies Marking Law.
(Source: P.A. 86-1475.)
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(765 ILCS 1045/2) (from Ch. 140, par. 102)
Sec. 2.
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 articles and supplies as herein defined.
(c) "Produced upon" means branded, transferred, stamped, stenciled,
engraved, etched, blown, embossed, impressed, embroidered, sewn, or
otherwise permanently placed upon any articles or supplies referred to
herein.
(d) "Articles" or "Supplies" means, but is not limited to, any item
which is designed or intended for loan or other compensated use and re-use
in the normal course of trade by the person filing hereunder, and includes
but is not limited to towels, industrial wiping towels, sheets, pillow
cases, napkins, tablecloths, linen, coats, aprons, garments serviced by
linen and towel supply companies, garments serviced by industrial garment
and towel supply companies, articles of dust control, toilet devices, towel
dispensing cabinets or other kindred articles or supplies such as bags,
carts, baskets or other receptacles used as packages or containers in the
loaning or other circulation of such articles or supplies.
(e) A name, mark or device is "used in this State" when such name, mark
or device is placed upon articles or supplies which are loaned, rented or
otherwise circulated within the State.
(f) "Registrant" means any person who files a name, mark or device under
this Act.
(Source: Laws 1967, p. 1405.)
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(765 ILCS 1045/3) (from Ch. 140, par. 103)
Sec. 3.
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 following
information:
(a) The name and business address of the person filing the statement;
and, if a corporation, the state of incorporation.
(b) The nature of the business of the applicant.
(c) The type of articles or supplies in connection with which the name,
mark or device is used.
The statement shall include or be accompanied by 3 copies, specimens,
facsimiles or counterparts of such name, mark or device, and a filing fee
of $10.
(Source: Laws 1967, p. 1405.)
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(765 ILCS 1045/4) (from Ch. 140, par. 104)
Sec. 4.
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 show the name and
business address of the person claiming ownership of the articles or
supplies upon which the name, mark or device is produced; the nature of the
business of the applicant; the type of articles or supplies on which the
name, mark, or device is produced and used; a copy, specimen, facsimile or
counterpart of such name, mark or device as filed in the office of the
Secretary of State, or a reproduction thereof; and the filing date.
Any certificate issued under the provisions hereof and duly certified by
the Secretary of State, or a certified copy of the statement filed, shall
be admissible in evidence in any action or judicial proceedings in any
court of this State as competent and sufficient proof of the filing
pursuant to this Act, and shall be prima facie evidence of the ownership by
the person filing hereunder of all articles and supplies upon which such
name, mark, or device is produced.
(Source: Laws 1967, p. 1405.)
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(765 ILCS 1045/5) (from Ch. 140, par. 105)
Sec. 5.
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
payment of the fee of five dollars ($5) payable to the Secretary of State.
After recording the assignment, the Secretary of State, upon request of the
assignee, shall issue a new certificate in the name of the assignee.
(Source: Laws 1967, p. 1405.)
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(765 ILCS 1045/5(a)) (from Ch. 140, par. 105(a))
Sec. 5(a).
Sale
of used articles or supplies, removal or destruction of mark.
If the registrant or its assignee sells or otherwise disposes of used
articles or supplies which bear a registered mark, the registrant or its
assignee shall, before such sale or other disposition, remove or destroy
the registered mark on such used articles or supplies; and such used
articles or supplies shall not, after such sale or other disposition,
thereafter be subject to the terms of this Act.
(Source: Laws 1967, p. 1405.)
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(765 ILCS 1045/6) (from Ch. 140, par. 106)
Sec. 6.
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.)
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(765 ILCS 1045/7) (from Ch. 140, par. 107)
Sec. 7.
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.)
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(765 ILCS 1045/8) (from Ch. 140, par. 108)
Sec. 8.
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.)
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(765 ILCS 1045/9) (from Ch. 140, par. 109)
Sec. 9.
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 supplies upon which a name, mark, or device
filed hereunder is produced;
(b) Refuse to return such articles or supplies upon receipt of written
demand of the registrant or his authorized agent, or to deface, erase,
obliterate, cover-up, or otherwise remove or conceal any such name, mark,
or device, unless written consent of the owner is obtained or unless the
articles or supplies have been purchased from the registrant;
(c) Transfer articles or supplies owned by an industrial uniform or
towel supply company, or a linen or towel supply company from one
contracted location to another location without the knowledge or written
consent or written contract of the registrant;
(d) Launder, wash, clean, renovate, permit, or cause such laundering,
washing, cleaning, or renovating, of any towels, sheets, pillow cases,
napkins, tablecloths, linens, coats, aprons, garments, articles of dust
control, toilet devices, towel dispensing cabinets, or other kindred
articles or supplies including bags, carts, baskets or other receptacles
used as packages or containers in the use and distribution of such articles
and supplies, upon which a name, mark, or device filed under this Act is
produced, the possession of which is claimed by way of loan or other agreed
use from the registrant, except by the written consent of the registrant.
(Source: Laws 1967, p. 1405.)
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(765 ILCS 1045/10) (from Ch. 140, par. 110)
Sec. 10.
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 in such supplies. Such presumption, however, may be
overcome by evidence to the contrary.
(Source: Laws 1967, p. 1405.)
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(765 ILCS 1045/11) (from Ch. 140, par. 111)
Sec. 11. 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 a search warrant to any police officer authorizing such
officer to search the premises wherein it is alleged such articles may be
found and take into custody any person in whose possession the articles are
found. Any person so seized shall be taken without unnecessary delay before
the court issuing the search warrant. The court is empowered to impose conditions of pretrial release
on any such person to compel his attendance at any continued hearing.
(Source: P.A. 101-652, eff. 1-1-23.)
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(765 ILCS 1045/12) (from Ch. 140, par. 112)
Sec. 12.
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 to the owner thereof.
(Source: P.A. 77-1273.)
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(765 ILCS 1045/13) (from Ch. 140, par. 113)
Sec. 13.
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 device has been filed pursuant
to this Act.
(Source: Laws 1967, p. 1405.)
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(765 ILCS 1045/14) (from Ch. 140, par. 114)
Sec. 14.
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.)
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