CHAPTER 5. CLOTH PRODUCT TRADEMARKS
IC 24-4-5
Chapter 5. Cloth Product Trademarks
IC 24-4-5-1
Trademarks; registration; fees
Sec. 1. (a) A person, a firm, a limited liability company, a
corporation, or an association who supplies by rental or lease a
circulating product that is the property of the supplier may adopt and
use a name or other mark or device woven, impressed, or produced
on the circulating product to indicate ownership and registration as
described by this chapter.
(b) The owner of a delivery container may adopt and use an
identifying mark or device for affixing or stamping on a delivery
container to indicate ownership and registration as described in this
chapter.
(c) A supplier of a circulating product and an owner of a delivery
container may file in the office of the secretary of state and also in
the office of the county recorder of the county in which the principal
place of business of the supplier or owner is located or if the
principal place of business is located outside Indiana then in the
office of the county recorder of any county of the state in which it
does business, a description of the names, marks, or devices used to
indicate ownership, and cause such description to be printed once a
week for three (3) successive weeks in a newspaper published in the
county in which such description is filed. The registrant shall pay the
secretary of state three dollars ($3) for each registration and the
county recorder, the amount provided by law for recordation.
(Formerly: Acts 1971, P.L.365, SEC.1.) As amended by
P.L.114-1992, SEC.1; P.L.8-1993, SEC.351.
IC 24-4-5-1.1
"Circulating product" defined
Sec. 1.1. As used in this chapter, "circulating product" includes:
(1) clean laundered towels;
(2) industrial wiping towels;
(3) sheets, pillowcases, napkins, tablecloths, and linen;
(4) coats, aprons, shirts, and diapers;
(5) garments serviced by linen and towel supply companies;
(6) garments serviced by industrial garment and towel supply
companies;
(7) articles of dust control;
(8) toilet devices;
(9) towel dispensing cabinets; and
(10) bags, carts, baskets, or other receptacles used as packages
or containers;
loaned or circulated as part of a regular service for the periodic
exchange of clean articles for soiled articles.
As added by P.L.114-1992, SEC.2.
IC 24-4-5-1.2
"Delivery container" defined
Sec. 1.2. As used in this chapter, "delivery container" means a
permanent container used by:
(1) a bakery, dairy, distributor, retailer, or food service
establishment; or
(2) an agent of a bakery, dairy, distributor, retailer, or food
service establishment;
to transport, store, or carry bakery or dairy products.
As added by P.L.114-1992, SEC.3.
IC 24-4-5-1.3
"Registrant" defined
Sec. 1.3. As used in this chapter, "registrant" means a supplier of
a circulating product or the owner of a delivery container who has
filed under section 1 of this chapter a description of a name, mark, or
device used to indicate the ownership of the circulating product or
delivery container.
As added by P.L.114-1992, SEC.4.
IC 24-4-5-2
Trademarks; unlawful sale or purchase; concealment or removal
Sec. 2. (a) This section does not apply to a registrant or person
who has purchased from a registrant a circulating product or delivery
container bearing a mark or device registered under this chapter.
(b) It is unlawful for any person, firm, limited liability company,
corporation, or association, except the owner or registrant of a brand
registered as provided in this chapter, to:
(1) sell, buy, rent, launder or clean, give, take, or otherwise
traffic in;
(2) erase, obliterate or otherwise cover up, conceal, or remove
a name, mark, or device registered under this chapter; or
(3) fill or refill;
without the written consent of the registrant, any circulating product
or delivery container that is marked with or by any name, mark, or
device, a description of which is filed and published as provided in
section 1 of this chapter.
(Formerly: Acts 1971, P.L.365, SEC.1.) As amended by
P.L.114-1992, SEC.5; P.L.8-1993, SEC.352.
IC 24-4-5-3
Trademarks; purchase; reregistration
Sec. 3. Any:
(1) person, firm, limited liability company, corporation, or
association; or
(2) agent of a person, a firm, a limited liability company, a
corporation, or an association;
who acquires by purchase or other lawful means a circulating
product or delivery container marked under section 1 of this chapter
and who has the written consent under section 2 of this chapter is not
required to refile and republish the description, but, as to the supplies
described in the written consent, acquires as a part of the purchase all
rights and benefits the vendor has under this chapter.
(Formerly: Acts 1971, P.L.365, SEC.1.) As amended by
P.L.114-1992, SEC.6; P.L.8-1993, SEC.353.
IC 24-4-5-4
Trademarks; possession of goods; notice to owner
Sec. 4. (a) Any person, firm, limited liability company,
corporation, or association who finds or receives in any manner a
circulating product or delivery container marked with a brand
registered under this chapter shall make a reasonable effort to find
the owner of the circulating product or delivery container and restore
the property to the owner.
(b) Any person, firm, limited liability company, corporation, or
association who finds or receives a circulating product or delivery
container may notify the owner by regular United States mail, which
is sufficient to comply with the requirement to restore the property
to the owner, and the owner has the burden of picking up the
property at the location set forth in the letter.
(Formerly: Acts 1971, P.L.365, SEC.1.) As amended by
P.L.152-1986, SEC.56; P.L.114-1992, SEC.7; P.L.8-1993, SEC.354.
IC 24-4-5-5
Trademarks; deposits for safekeeping not constituting sale
Sec. 5. Acceptance of money by a registrant as a deposit to secure
safekeeping and return of a circulating product or delivery container
does not constitute a sale of the property, either optional or
otherwise, in any proceeding under this chapter.
(Formerly: Acts 1971, P.L.365, SEC.1.) As amended by
P.L.114-1992, SEC.8.
IC 24-4-5-6
Trademarks; use of circulating product or delivery container
without consent; prima facie evidence
Sec. 6. (a) This section does not apply to a person who possesses
a circulating product or delivery container in good faith in the
ordinary course of business.
(b) Evidence of possession of a circulating product or delivery
container marked under section 1 of this chapter by a person other
than the registrant whose name, mark, or device is on the circulating
product or delivery container without the written consent of the
registrant of the name, mark, or device constitutes prima facie
evidence of unlawful use of or traffic in the circulating product or
delivery container.
(Formerly: Acts 1971, P.L.365, SEC.1.) As amended by
P.L.114-1992, SEC.9.
IC 24-4-5-7
Violations; infraction; civil actions
Sec. 7. A person who violates this chapter commits a Class B
infraction.
If a person suffers a pecuniary loss as a result of a violation of
IC 24-4-5, the person may bring a civil action against the person who
caused the loss for the following:
(1) Actual damages.
(2) The costs of the action.
(3) A reasonable attorney's fee.
(Formerly: Acts 1971, P.L.365, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.2413; P.L.114-1992, SEC.10.
IC 24-4-5-8
Common law rights protected
Sec. 8. Nothing in this chapter affects the rights or enforcement
of rights acquired under IC 24-2-1 or the rights or the enforcement
of rights in trademarks acquired in good faith at any time at common
law.
(Formerly: Acts 1971, P.L.365, SEC.1.) As amended by
P.L.114-1992, SEC.11.