Title 24, TRADE REGULATION

Sec. 5. Any person or persons or corporations that may be injured or damaged by any such arrangement, contract, agreement, trust, or combination described in section 1 of this chapter may sue for and recover in any court of competent jurisdiction in this state, of any person, per…

Sec. 5.1. The attorney general may bring an action on behalf of the state or a political subdivision (as defined in IC 34-6-2.1-155) for injuries or damages sustained directly or indirectly as a result of a violation of this chapter. As added by P.L.135-2008, SEC.1. Amended by P.…

Sec. 5.2. (a) The attorney general may bring an action in a county on behalf of the state or a political subdivision (as defined in IC 34-6-2.1-155) for injuries or damages sustained directly or indirectly as a result of a violation of this chapter. (b) An action brought under th…

Sec. 6. It shall be the duty of the judges of the courts of this state specially to instruct the grand juries as to the provisions of this chapter. Formerly: Acts 1897, c.104, s.6. As amended by P.L.152-1986, SEC.5; P.L.84-2016, SEC.100.

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The addition of sections 0.5, 4.5, 8.5, 13.5, 14.5, and 15.3 of this chapter by P.L.135-2006 does not affect a legal proceeding or appeal initiated under this chapter before July 1, 2006. (2) The amendments …

Sec. 0.5. This chapter is intended to provide a system of state trademark registration and protection that is consistent with the federal system of trademark registration and protection under the Trademark Act of 1946. A judicial or an administrative interpretation of a provision…

Sec. 10. The secretary shall cancel from the register in whole or in part: (1) a registration for which the secretary receives a voluntary request for cancellation by electronic application from the registrant or the assignee of record; (2) all registrations granted under this ch…

Sec. 11. (a) The secretary may adopt rules under IC 4-22-2 to establish: (1) a classification of goods and services for convenience of administration of this chapter but not to limit or extend an applicant's or registrant's rights; and (2) a single electronic application for regi…

Sec. 12. (a) A 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 chapter by knowingly making a false or fraudulent representation or declaration orally, in writing, o…

Sec. 13. Subject to the provisions of section 15 of this chapter, a person who: (1) uses, without the consent of the registrant, a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter: (A) in connection with the sale, offering for sale, …

Sec. 13.5. (a) This section applies only to fanciful marks, except in cases where the other person's use tarnishes the reputation of the famous mark. (b) An owner of a mark that is famous in Indiana is entitled, subject to the principles of equity and terms a court considers reas…

Sec. 14. (a) An owner of a mark registered under this chapter may bring an action to enjoin the use of any mark in violation of section 13 of this chapter and the manufacture, display, or sale of any goods or services identified by the mark and a court of competent jurisdiction m…

Sec. 14.5. (a) An action for cancellation of a mark registered under this chapter or an action to compel registration of a mark under this chapter must be brought in a court with jurisdiction in Indiana. (b) In an action for cancellation of a mark, the secretary: (1) may not be m…

Sec. 15. This chapter does not adversely affect the rights or the enforcement of rights in a mark acquired in good faith at any time at common law. Formerly: Acts 1955, c.174, s.15. As amended by P.L.135-2006, SEC.19.

Sec. 15.3. (a) The secretary shall collect the following fees for a document delivered under this article: (1) An application fee of ten dollars ($10). (2) A renewal fee of ten dollars ($10). (3) A recording fee of ten dollars ($10). (b) A fee collected under subsection (a) is no…

Sec. 2. The following definitions apply throughout this chapter: (1) "Abandoned" means either of the following: (A) The person who owns the mark has discontinued use of the mark and does not intend to resume use of the mark. A person's intent not to resume use of the mark may be …

Sec. 3. A mark by which the goods or services of an applicant may be distinguished from other goods or services may not be registered if the mark: (1) consists of or comprises immoral, deceptive, or scandalous matter; (2) consists of or comprises matter that may: (A) disparage or…

Sec. 4. (a) Subject to the limitations of this chapter, a person who uses a mark in Indiana may file in the office of the secretary, in a manner that complies with the requirements of the secretary, an electronic application for registration of the mark. The electronic applicatio…

Sec. 4.5. (a) If a person files an electronic application for registration of a mark and pays the appropriate application fee described in section 15.3 of this chapter, the secretary may examine the electronic application for conformity with this chapter. (b) An applicant must pr…

Sec. 5. (a) If an applicant complies with the requirements of this chapter, the secretary shall issue and deliver a certificate of registration to the applicant. The certificate of registration must be issued under the signature of the secretary and the seal of the state of India…

Sec. 6. (a) Registration of a mark under this chapter is effective for a term of five (5) years from the date of registration. (b) If a person who registers a mark under subsection (a) files an electronic application not more than six (6) months before the expiration of the five …

Sec. 7. A registration in force on July 1, 2006, continues in full force and effect for the unexpired term of the registration and may be renewed by: (1) filing an electronic application for renewal with the secretary; and (2) paying the renewal fee; in the manner described in se…

Sec. 8. (a) A mark and the registration of a mark under this chapter are assignable by electronic application as described by section 4 of this chapter with the: (1) good will of the business in which the mark is used; or (2) part of the good will of the business: (A) connected w…

Sec. 8.5. (a) A registrant or an applicant who changes the name of the person to whom the mark is issued or for whom an electronic application is filed may record a certificate of change of name of the registrant or applicant by electronic application with the secretary upon the …

Sec. 9. The secretary shall keep for public examination a record of all marks registered or renewed under this chapter as well as a record of all instruments recorded under sections 8 and 8.5 of this chapter. Formerly: Acts 1955, c.174, s.9. As amended by P.L.152-1986, SEC.28; P.…

Sec. 1. A person engaged in the purchasing, manufacture, or distribution of milk or milk products who, for the purpose of destroying the business of a competitor in any locality and creating or maintaining a monopoly, discriminates between different sections, communities, or citi…

Sec. 3. All contracts and agreements made in violation of any provisions of section 1 of this chapter shall be void. Formerly: Acts 1913, c.117, s.3. As amended by P.L.152-1986, SEC.44.

Sec. 4. It shall be the duty of the prosecuting attorneys, in their counties, and the attorney general to enforce the provisions of sections 1 and 3 of this chapter by appropriate actions in courts of competent jurisdiction. Formerly: Acts 1913, c.117, s.4. As amended by P.L.152-…

Sec. 5. If complaint shall be made to the secretary of state that any corporation authorized to do business in this state is guilty of unfair discrimination within the terms of this chapter, it shall be the duty of the secretary of state to refer the matter to the attorney genera…

Sec. 6. If any corporation, foreign or domestic, authorized to do business in this state is found guilty of unfair discrimination within the terms of this chapter, it shall be the duty of the secretary of state to immediately revoke the permit of such corporation to do business i…

Sec. 1. (a) The avoirdupois weight of beef or pork in each barrel shall be two hundred (200) pounds; and of flour in each barrel, one hundred and ninety-six (196) pounds; of sorghum molasses, eleven (11) pounds per gallon; of maple molasses, eleven (11) pounds per gallon; of hay,…

Sec. 0.1. The addition of this article by P.L.254-1987 does not apply to rental purchase agreements consummated before September 1, 1987. As added by P.L.220-2011, SEC.399.

Sec. 1. (a) This article applies to a rental purchase agreement if: (1) the rental purchase agreement is entered into in Indiana; (2) the lessee is a resident of Indiana at the time a lessor offering the rental purchase agreement solicits the rental purchase agreement or a modifi…

Sec. 2. Except as provided in this article, the provisions of: (1) the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) and regulations adopted under that act; (2) IC 37-2; (3) IC 26-1-1-201(37); (4) IC 26-1-2 concerning the creation of a security interest in property; (5)…

Sec. 3. Except as provided in this article, a lessor or lessee may not waive or agree to forego rights or benefits under this article. However, this article does not prohibit the settlement of a claim under this article. As added by P.L.254-1987, SEC.1.

Sec. 4. Except as provided in this article, this article does not limit the application of the principles of law and equity to a rental purchase agreement. As added by P.L.254-1987, SEC.1.

Sec. 5. (a) Rental purchase agreements involving: (1) motor vehicles (as defined in IC 9-13-2-105(a)), including: (A) component parts (as defined in IC 9-13-2-34); (B) major component parts (as defined in IC 9-13-2-95); and (C) any other parts (as defined in IC 9-13-2-122) other …

Sec. 6. This article does not apply to the rental of a musical instrument through a program offered at an elementary or a secondary school with the approval of the school. As added by P.L.90-2008, SEC.19. Amended by P.L.35-2010, SEC.89.

Sec. 7. This article does not apply to the rental purchase of a dwelling (as defined in IC 37-1-2-15), regardless of whether the dwelling is assessed as real or personal property for property tax purposes. As added by P.L.89-2011, SEC.23. Amended by P.L.115-2026, SEC.37.

Sec. 1. (a) This article applies to a promotion offer made: (1) by a person in Indiana; or (2) to a person in Indiana. (b) This article does not apply to a prize linked savings program that: (1) is offered or conducted by an eligible financial institution under IC 28-1-23.2; (2) …

Sec. 1. As used in this article, "fund" refers to the consumer protection assistance fund established by IC 24-10-2-1. As added by P.L.121-2011, SEC.2.

Sec. 2. As used in this article, "office" refers to the office of attorney general created by IC 4-6-1-2. As added by P.L.121-2011, SEC.2.

Sec. 3. As used in this article, "qualifying claim" means a claim that: (1) subject to IC 24-10-2-2(b), is filed with the office on a form prescribed by the office; (2) is based on a court order that: (A) is issued in a case instituted or maintained by the office in connection wi…

Sec. 4. As used in this article, "qualifying individual" means an Indiana resident who: (1) is awarded restitution by a court in a case that: (A) is instituted or maintained by the office; and (B) involves a violation by one (1) or more other persons of a statute set forth in IC …

Sec. 1. This article does not apply to a demand letter or assertion of patent infringement that includes a claim for relief arising under: (1) 35 U.S.C. 271(e)(2); or (2) 42 U.S.C. 262. As added by P.L.172-2015, SEC.1.

Sec. 2. This article does not apply to any of the following: (1) An approved postsecondary educational institution (as defined in IC 21-7-13-6(a)). (2) A technology transfer organization owned by or affiliated with an approved postsecondary educational institution (as defined in …