The process of trademarking a name is both lengthy and complicated, and can vary drastically depending on the area you are located. If you are looking to trademark a name the Chicago area, there are a few things you need to know before you embark upon the process. There are a number of questions that frequently arise when someone wants to trademark a name and in this article we will cover the most commonly asked questions, as well as some important tips to keep in mind throughout the process.

What is a Trademark?

A trademark is a word, phrase, symbol or design that identifies and distinguishes the source of the goods of one party from those of others. A trademark can also help to indicate the quality of the goods, and can help to create an emotional connection between the company and its customers. Ideally, the trademark should be strong so that it is unlikely to be confused with other marks of other companies, and so that it can better convey the quality and meaning of the goods related to the mark. Trademarking a name in Chicago is a specialty area of law, and typically one must have the assistance of a lawyer in order to get the process right.

Do I Need a Lawyer to Trademark a Name?

Yes, you typically need a lawyer to trademark a name in Chicago. Indeed, having the assistance of a lawyer can be invaluable throughout the process, as they are experienced in the trademark laws governing the Chicago region as well as the procedures and paperwork that need to be filed. Furthermore, having a lawyer represent your trademark process can be beneficial in the event of any legal disputes that may arise from the process.

What Documents Do I Need to File a Trademark?

The documents needed to file a trademark for a name in the Chicago area will depend on the type of application you want to file. Generally, the documents you must file will be a signed application form, a statement of goods or services, an identification of the goods or services in relation to the trademark, and a specimen document of the trademark being used in commerce. You also need to pay the filing fee.

What is the Process for Trademarking a Name?

The process for trademarking a name in the Chicago area can be complex and will depend on the specifics of the application, as well as the law that applies. Usually, the first step will be to conduct a search of existing trademarks to make sure your name is not already taken or likely to confuse with another company’s trademark. This is followed by filling out and submitting the necessary paperwork, and then waiting to hear back from the trademarks office. Once the application is approved, the trademark will be published for a period of 30 days and then a final decision should come back indicating whether the trademark has been registered.

What Are My Rights With a Trademark?

Once your trademark has been registered, it will be protected under existing trademark laws. This means that no one else will be able to use your trademark without your express permission. Furthermore, you can seek damages for infringement of your trademarked name against any offending parties.

Get Expert Legal Help

It is important to be aware of the specifics of trademarking a name in Chicago, and if you are planning to trademark a name it is usually a good idea to retain the services of a lawyer for effective legal guidance. If you are looking to find an experienced attorney in the Chicago area, UpCounsel’s network of lawyers can provide you with high quality legal services and allow you to access legal help on demand.


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