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, acorporation, or an association who supplies by rental or lease acirculating product that is the property of the supplier may adopt anduse a name or other mark or device woven, impressed, or producedon the circulating product to indicate ownership and registration asdescribed by this chapter.
(b) The owner of a delivery container may adopt and use anidentifying mark or device for affixing or stamping on a deliverycontainer to indicate ownership and registration as described in thischapter.
(c) A supplier of a circulating product and an owner of a deliverycontainer may file in the office of the secretary of state and also inthe office of the county recorder of the county in which the principalplace of business of the supplier or owner is located or if theprincipal place of business is located outside Indiana then in theoffice of the county recorder of any county of the state in which itdoes business, a description of the names, marks, or devices used toindicate ownership, and cause such description to be printed once aweek for three (3) successive weeks in a newspaper published in thecounty in which such description is filed. The registrant shall pay thesecretary of state three dollars ($3) for each registration and thecounty recorder, the amount provided by law for recordation.
(Formerly: Acts 1971, P.L.365, SEC.1.) As amended byP.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 supplycompanies;
(7) articles of dust control;
(8) toilet devices;
(9) towel dispensing cabinets; and
(10) bags, carts, baskets, or other receptacles used as packagesor containers;
loaned or circulated as part of a regular service for the periodicexchange 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 apermanent container used by:
(1) a bakery, dairy, distributor, retailer, or food serviceestablishment; or
(2) an agent of a bakery, dairy, distributor, retailer, or foodservice 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 ofa circulating product or the owner of a delivery container who hasfiled under section 1 of this chapter a description of a name, mark, ordevice used to indicate the ownership of the circulating product ordelivery 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 personwho has purchased from a registrant a circulating product or deliverycontainer 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 brandregistered as provided in this chapter, to:
(1) sell, buy, rent, launder or clean, give, take, or otherwisetraffic in;
(2) erase, obliterate or otherwise cover up, conceal, or removea name, mark, or device registered under this chapter; or
(3) fill or refill;
without the written consent of the registrant, any circulating productor delivery container that is marked with or by any name, mark, ordevice, a description of which is filed and published as provided insection 1 of this chapter.
(Formerly: Acts 1971, P.L.365, SEC.1.) As amended byP.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, orassociation; or
(2) agent of a person, a firm, a limited liability company, acorporation, or an association;
who acquires by purchase or other lawful means a circulatingproduct or delivery container marked under section 1 of this chapterand who has the written consent under section 2 of this chapter is notrequired to refile and republish the description, but, as to the supplies
described in the written consent, acquires as a part of the purchase allrights and benefits the vendor has under this chapter.
(Formerly: Acts 1971, P.L.365, SEC.1.) As amended byP.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 acirculating product or delivery container marked with a brandregistered under this chapter shall make a reasonable effort to findthe owner of the circulating product or delivery container and restorethe property to the owner.
(b) Any person, firm, limited liability company, corporation, orassociation who finds or receives a circulating product or deliverycontainer may notify the owner by regular United States mail, whichis sufficient to comply with the requirement to restore the propertyto the owner, and the owner has the burden of picking up theproperty at the location set forth in the letter.
(Formerly: Acts 1971, P.L.365, SEC.1.) As amended byP.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 securesafekeeping and return of a circulating product or delivery containerdoes not constitute a sale of the property, either optional orotherwise, in any proceeding under this chapter.
(Formerly: Acts 1971, P.L.365, SEC.1.) As amended byP.L.114-1992, SEC.8.
IC 24-4-5-6
Trademarks; use of circulating product or delivery containerwithout consent; prima facie evidence
Sec. 6. (a) This section does not apply to a person who possessesa circulating product or delivery container in good faith in theordinary course of business.
(b) Evidence of possession of a circulating product or deliverycontainer marked under section 1 of this chapter by a person otherthan the registrant whose name, mark, or device is on the circulatingproduct or delivery container without the written consent of theregistrant of the name, mark, or device constitutes prima facieevidence of unlawful use of or traffic in the circulating product ordelivery container.
(Formerly: Acts 1971, P.L.365, SEC.1.) As amended byP.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 ofIC 24-4-5, the person may bring a civil action against the person whocaused 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 enforcementof rights acquired under IC 24-2-1 or the rights or the enforcementof rights in trademarks acquired in good faith at any time at commonlaw.
(Formerly: Acts 1971, P.L.365, SEC.1.) As amended byP.L.114-1992, SEC.11.