Chapter 765 — PROPERTY

(765 ILCS 1036/40) Sec. 40. Records. The Secretary shall keep for public examination a record of all marks registered or renewed under this Act, as well as a record of all documents recorded pursuant to Section 35. The Secretary will provide a certified copy of any single registr…

(765 ILCS 1036/45) Sec. 45. Cancellation. The Secretary shall cancel from the register, in whole or in part: (a) any registration concerning which the Secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record; (b) all regis…

(765 ILCS 1036/5) Sec. 5. Definitions. In this Act: (a) A mark shall be deemed to be "abandoned" when either of the following occurs: (1) When its use has been discontinued with intent not to resume that use. Intent not to resume may be inferred from circumstances. Nonuse for 2 c…

(765 ILCS 1036/50) Sec. 50. Classification. The Secretary shall by rule establish a classification of goods and services for convenience of administration of this Act, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of …

(765 ILCS 1036/55) Sec. 55. Fraudulent registration. Any person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary under this Act, by knowingly making any false or fraudulent representa…

(765 ILCS 1036/60) Sec. 60. Infringement. Subject to the provisions of Section 80 of this Act, a person shall be liable in a civil action by the registrant for any and all of the remedies provided in Section 70 of this Act if the person: (a) uses, without the consent of the regis…

(765 ILCS 1036/62) Sec. 62. Infringement of Olympic marks. Notwithstanding any other Section of this Act: (a) The United States Olympic Committee has the exclusive right to use, and license for use, in this State any of the following: (1) any mark to which the United States Olymp…

(765 ILCS 1036/65) Sec. 65. Injury to business reputation; dilution. (a) The owner of a mark which is famous in this State shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercia…

(765 ILCS 1036/70) Sec. 70. Remedies. Any owner of a mark registered under this Act may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufac…

(765 ILCS 1036/75) Sec. 75. Forum for actions regarding registration; service on out of state registrants. (a) Actions to require cancellation of a mark registered under this Act shall be brought in the circuit court. In an action for cancellation, the Secretary shall not be made…

(765 ILCS 1036/80) Sec. 80. Common law rights. Nothing in this Act shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. (Source: P.A. 90-231, eff. 1-1-98.)

(765 ILCS 1036/85) Sec. 85. Severability. The provisions of the Act are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 90-231, eff. 1-1-98.)

(765 ILCS 1036/90) Sec. 90. Time of taking effect; conflicts with prior Acts; intent of Act. This Act shall not affect any application, suit, proceeding, or appeal then pending on its effective date. Except in the case of an application, suit, proceeding, or appeal pending on its…

(765 ILCS 1036/905) Sec. 905. Repeal. The Trademark Registration Act is repealed. (Source: P.A. 90-231, eff. 1-1-98.)

(765 ILCS 1036/910) Sec. 910. (Amendatory provisions; text omitted). (Source: P.A. 90-231, eff. 1-1-98; text omitted.)

(765 ILCS 1036/999) Sec. 999. Effective date. This Act takes effect January 1, 1998. (Source: P.A. 90-231, eff. 1-1-98.)

(765 ILCS 1040/0.01) (from Ch. 140, par. 22.9) Sec. 0.01. Short title. This Act may be cited as the Counterfeit Trademark Act. (Source: P.A. 86-1324.)

(765 ILCS 1040/1) (from Ch. 140, par. 23) Sec. 1. For the purposes of this Act, unless otherwise required by the context: "Counterfeit item" means any goods, components of goods, or services made, produced, or knowingly sold or knowingly distributed that use or display a counterf…

(765 ILCS 1040/2) (from Ch. 140, par. 24) Sec. 2. Whoever uses a counterfeit mark or imitates any trade-mark or service mark of which he or she is not the rightful owner or in any way utters or circulates any counterfeit or imitation of such a trade-mark or service mark or knowin…

(765 ILCS 1040/3) (from Ch. 140, par. 25) Sec. 3. Every person who shall knowingly use a counterfeit mark or display a trade-mark, trade name, or service mark of which he or she is not the lawful owner in any manner not authorized by such owner, whether or not the unauthorized us…

(765 ILCS 1040/4) (from Ch. 140, par. 26) Sec. 4. Any person or persons who shall in any way knowingly use the name or seal of any trade-mark or service mark owner in and about the sale of goods or services or otherwise, not being authorized to so use the same shall be deemed gui…

(765 ILCS 1040/7) (from Ch. 140, par. 28) Sec. 7. (Repealed). (Source: P.A. 79-1359. Repealed by P.A. 89-693, eff. 6-1-97.)

(765 ILCS 1040/8) Sec. 8. Sentence. (a) A person who knowingly sells, offers for sale, holds for sale, or uses fewer than 100 counterfeit items or counterfeit items having a retail value in the aggregate of $300 or less is guilty of a Class A misdemeanor and shall be fined at lea…

(765 ILCS 1040/9) Sec. 9. Seizure and disposition. (a) A peace officer shall, upon probable cause, seize any counterfeit items, counterfeit marks, or any component of that merchandise knowingly possessed in violation of this Act. (b) A peace officer shall seize any vehicle, aircr…

(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.)

(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 proceedin…

(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 a…

(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 aw…

(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 …

(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.)

(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,…

(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 furni…

(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 cert…

(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 produc…

(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.)

(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…

(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, eit…

(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, gi…

(765 ILCS 1050/1) (from Ch. 140, par. 121) Sec. 1. Short title. This Act shall be known and may be cited as the "Registered Container Trade Mark Act". (Source: P.A. 80-1449.)

(765 ILCS 1050/2) (from Ch. 140, par. 122) Sec. 2. Definitions. As used in this Act, unless the context otherwise requires, the terms specified in Sections 2.01 through 2.03, have the meanings ascribed to them in those Sections. (Source: P.A. 80-1449.)

(765 ILCS 1050/2.01) (from Ch. 140, par. 122.1) Sec. 2.01. "Container" means any can, tub, case, crate, box, bottle, flask, barrel, keg, carton, tank, fountain or vessel, and which is intended for return in the ordinary course of business from the retailer to the distributor, who…

(765 ILCS 1050/2.02) (from Ch. 140, par. 122.2) Sec. 2.02. "Person" means any individual, association, partnership, corporation, firm, trust or beneficiary thereof. (Source: P.A. 80-1449.)

(765 ILCS 1050/2.03) (from Ch. 140, par. 122.3) Sec. 2.03. "Trade mark" means any word, name, symbol, picture, design or device registered with the Office of the Secretary of State in accordance with the Trademark Registration and Protection Act which is filed as provided in Sect…

(765 ILCS 1050/3) (from Ch. 140, par. 123) Sec. 3. Filing of statements or description with the Secretary of State. Any person who is the owner of any container upon which a trade mark has been placed or affixed, stamped, impressed, labeled, blown-in or otherwise marked thereon, …

(765 ILCS 1050/4) (from Ch. 140, par. 124) Sec. 4. Sale or use of a container by other than the owner prohibited. It is unlawful for any person without the written consent of the owner or owners of a container upon which a trade mark has been placed to willfully: (a) keep for sal…

(765 ILCS 1050/5) (from Ch. 140, par. 125) Sec. 5. Use of a container other than by owner. The using, buying, selling or possession without the consent of the owner of any container for the sale therein of any substance, commodity or product other than that originally contained t…

(765 ILCS 1050/6) (from Ch. 140, par. 126) Sec. 6. Right of the Owner to an Injunction. Every person who has complied with the provisions of Sections 3 and 4 of this Act may proceed in the circuit court of this State to enjoin or restrain any other person from filling any contain…

(765 ILCS 1050/7) (from Ch. 140, par. 127) Sec. 7. Penalty for unlawful use. Any person who violates Sections 4 or 5 of this Act shall, upon conviction, be guilty of a petty offense. (Source: P.A. 80-1449.)

(765 ILCS 1053/1) Sec. 1. Short title. This Act may be cited as the Dies and Molds Ownership Transfer Act of 1997. (Source: P.A. 90-371, eff. 8-14-97.)

(765 ILCS 1053/10) Sec. 10. Rights in die, mold, form, jig, tooling, or pattern. If a customer does not take possession of its die, mold, form, jig, tooling, or pattern from a fabricator within 3 years of the last use of it, the customer's rights, title, and interest in its die, …