2023 Illinois Compiled Statutes › Chapter 765 - PROPERTY › 765 ILCS 1050/ - Registered Container Trade Mark Act.

(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,
wholesaler, or manufacturer of the product contained therein.
(Source: P.A. 80-1449.)
(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 Section 3 of this Act and adopted and used by a person to identify
containers made, sold, produced or distributed by him or with his authorization
and which distinguishes them from containers made, sold, produced or
distributed
by others.
(Source: P.A. 90-231, eff. 1-1-98.)
(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, may file with the Secretary of State a written
statement or description of the trade mark used on any container.  This
statement or description shall be verified by the affidavit of the owner
of the container or by the owner's agent.  The Secretary of State shall deliver
to any person making application copies of all such written statements or
descriptions of trade marks filed with him, duly certified to by him in
the usual manner.  Such certified copy shall be admissible as evidence in
all proceedings under Sections 6 and 7 of this Act, shall be prima facie
evidence that the provisions of this Section have been complied with, and
of the title of the owner to the property upon which the trade mark may
appear.  The Secretary of State shall receive a $25 fee for each statement
or description filed and a fee of $2 for each certified copy of such statement
or description to be paid for by the person applying for the same.
(Source: P.A. 84-1308.)
(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 sale, use or otherwise possess any container of which a description
is filed as provided in Section 3; (b) fill any container so marked or distinguished
as stated above, with any similar substance, commodity, or product that
was originally contained therein for the sale of such substance, commodity
or product; (c) receive, take, store, buy, sell, or dispose of any container;
(d) deface, erase, obliterate, cover up or otherwise remove or conceal any
trade mark on any container for the purpose of destroying or removing the
evidence of registered ownership from such container.
(Source: P.A. 80-1449.)
(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 therein, or the buying, selling or possession without
the consent of the owner of any container so marked or stamped, a description
of which has been filed as provided in Section 3, shall be accepted in the
circuit court of this State as prima facie evidence that such using, buying,
selling or possession is unlawful within the meaning of this Act.
(Source: P.A. 80-1449.)
(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 container so marked or distinguished with any substance,
commodity or product for the sale of such substance, commodity or product;
or from buying, selling, using or disposing of such container, or from defacing,
erasing, obliterating, covering up or otherwise removing a trade mark for
the purpose of destroying or removing the evidence of ownership from such
container.  In addition to the issuance of an injunction an owner of a registered
trade mark may recover the damages he may have sustained by reason of the
unlawful acts committed with respect to a trade mark and the court shall
assess the same or cause the same to be assessed under its direction.
(Source: P.A. 80-1449.)
(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.)