Whether you’re registering for the first time or renewing an existing registration, knowing the top 5 things to consider when registering your trade mark in Chicago is a critical step in protecting your business and brand. From conducting a thorough search to understanding the fees associated with the various levels of registration, having an understanding of the legal landscape is essential in order to ensure that you and your business are fully protected.

Having a team of experienced lawyers and legal professionals on your side can take the hassle out of the registration process, as they’ll be able to provide the key insights and local regulation and contact you need to see the process through to completion. UpCounsel provides experienced legal professionals to thousands of businesses across the country, from small businesses to Fortune 500 companies, and can help you register your trademark or service mark quickly and efficiently.

When you’re ready to register your trade mark, there are a few key things to keep in mind. Here are the 5 most important things to consider:

1. Conduct a Comprehensive Search First

The first step in the registration process is to conduct a comprehensive search for similar trade marks. Even if your trade mark is available in the United States Trademark and Patent Office (USPTO) records, it might be already claimed in the state of Illinois. It’s important to be sure that your trade mark is legally available, as infringement involves penalties that can be both costly and time-consuming.

By having UpCounsel’s experienced legal professionals conduct a thorough search of all relevant state and federal records, as well as searching the web for any potential conflicts, you can be sure that you’re in the clear before you submit your application.

2. Choose the Right Type of Registration

When registering a business logo, service mark, or product name as a trade mark, it's important to understand the different types of legal protection available. Chicago federal law offers two distinct types of protection for trade marks: the state registration of service marks and the federal registration of trademarks. It’s not necessary to register both, but you can—depending on the scope of protection you’d like to have.

3. Understand the Fees Related to Registration

As with any legal process, there are fees associated with the registration of your trade mark. UpCounsel can help you with the entire process, from filing to registration, and can provide you with an estimate on the applicable filing fees. If you decide to represent yourself, you should expect to pay filing, search, and application fees, as well as applicable attorney costs.

4. Monitor Your Mark

After you’ve registered your trade mark, it’s important to understand the terms of your registration and to frequently monitor your mark for violations or infringement. Some of the most common types of infringement are the use of your mark in a way that’s not authorized by your license, acts that may mislead customers, or use of false or deceptive advertising that might confuse the public.

5. Actively Defend Your Mark

Once you’ve registered your trade mark, it’s important to actively defend and police your mark to ensure that it remains enforceable. This includes monitoring any potential violators and sending out cease-and-desist notices if necessary.

UpCounsel’s network of experienced attorneys can help you with the initial search, apply for registration on your behalf, and provide the necessary legal support to help you protect your mark against violations and infringement.

In the end, understanding the 5 main things to consider when registering your trade mark in Chicago is important in order to protect your business and brand from potential infringement and violations. Even though the registration process may seem intimidating, UpCounsel has experienced lawyers who can guide you through the process and ensure that your trade mark is registered and defended correctly.


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