Key Takeaways

  • An Illinois trademark search helps ensure your desired mark is not already registered at the state or federal level, reducing the risk of legal disputes.
  • Illinois trademark registration offers state-specific protection but does not provide federal rights.
  • Federal registration through the USPTO provides broader, nationwide protection and priority over state registrations.
  • A comprehensive trademark search should include state, federal, and common law databases.
  • Working with an attorney can improve the chances of successful registration and help avoid costly mistakes.

Illinois trademark search verifies that a mark is available for use. This eliminates future problems such as duplicate trademarks, lawsuits, and possible financial loss. The Illinois Secretary of State website provides an online portal where applicants can find detailed information about trademarks.

What is a Trademark?

A trademark creates brand recognition through words, phrases, images, symbols, slogans, or a combination of these components. This unique identifier allows consumers to easily recognize a business's products or services. A trademark obtained in the state of Illinois grants the owner protection throughout the state. While a trademark protects a product, a service mark protects offers provided by an organization.

A trademark can protect a brand's name, logo, or design, prohibiting other companies from using the mark. Once a trademark or service mark is recorded in the state of Illinois, a company is then able to display the trademark symbol, “TM,” or service mark symbol, “SM,” next to their name or logo. Trademarks are considered active the first time a company uses them to distinguish themselves from their competition. Misuse of another company's mark can result in a lawsuit, or court-issued warning to stop using the trademark and pay back all profits earned under that company's mark.

To obtain a trademark, applicants should follow the following steps.

Performing a Trademark Search

Illinois Trademark Search

It is vital for a business to search for a trademark prior to registering for one to make sure it is available for use. At the state level, trademarks can be searched through an online resource provided by the Secretary of State. This resource offers in-depth reports about trademarks that include information like:

  • The registration number.
  • The type of mark.
  • A description of goods and services.

U.S. Trademark Search

The process for obtaining a federal trademark starts with the United States Trademark and Patent Office, or USPTO. A company can perform a national trademark search through the USTPO's free online database. To avoid all possible trademark conflicts, however, it is recommended that companies also search for existing trademarks by using the following resources:

  • State-wide online records.
  • Local and national company registrations.
  • Product-specific records.
  • The internet to look for related merchandise.

When in doubt, contact a trademark lawyer who can perform a detailed investigation and provide legal advice.

Additional Resources for Conducting an Illinois Trademark Search

In addition to using the Illinois Secretary of State online database, businesses should consider these additional resources for a thorough Illinois trademark search:

  • Common Law Search: Check unregistered trademark usage by searching the internet, business directories, domain names, and social media platforms.
  • County Clerk’s Office: Some local business names may be registered at the county level.
  • Business Entity Records: Search the Illinois Secretary of State’s business entity database to check for corporate names that might conflict with your desired trademark.
  • Professional Search Services: Consider hiring trademark attorneys or search firms who can conduct comprehensive state, federal, and common law searches.

Performing a wide-ranging search helps ensure your mark is not inadvertently infringing on existing rights, minimizing future risks of disputes.

Evaluate The Illinois Trademark Registration Requirements

After the search is complete, a company is then able to register their trademark. To file for an Illinois state trademark, applicants must complete and file Form TM/SM-15, the State of Illinois Trademark or Service Mark Application, and an application fee. The mark must be filed under the applicant's name. An applicant can be a business or individual, but businesses must clarify if they are a corporation, partnership, or LLC. The applicant has to provide information including:

  • A list of the products or services the mark will be used on.
  • Details on how the mark is being used, such as in a marketing campaign.
  • An illustration and sample of the brand's mark that shows how it will be used.

Benefits of Registering a Trademark in Illinois

Registering your trademark in Illinois provides several advantages, especially for businesses operating primarily within the state. Some of the key benefits include:

  • Exclusive Use Within Illinois: Provides legal rights to use the mark in connection with the goods or services listed in your application throughout the state.
  • Notice to Competitors: Registered marks put others on notice that the mark is in use, discouraging potential infringers.
  • Basis for Legal Action: Enables the trademark owner to bring infringement lawsuits in Illinois courts under the Illinois Trademark Registration and Protection Act.
  • Right to Use ® Symbol (for federal marks): While Illinois registration allows you to use “TM” or “SM,” only federal registration permits use of the ® symbol.

Keep in mind that state registration does not protect your mark outside Illinois or against federal trademark holders.

Trademark Registration

A business can choose also choose to register a federal trademark.

Federal trademark registration is done through the USTPO and has several advantages. Federal trademarks offer a wider range of coverage, including nationwide protection and extended rights on foreign imported goods. Applications submitted on the federal level also have higher priority than state applications. However, registering through the USTPO is more complicated than filing on the state level. The online application can take several months to years to finalize, in which case it is recommended to hire an attorney, resulting in additional costs.

Trademark registration through the state of Illinois is cheaper and simpler. The process is quick, taking about four to six weeks to complete. There are, however, many disadvantages to registering a trademark in Illinois. The Illinois Trademark Act protects trademark infringement, allowing businesses to take legal actions such as a cease and desist order or lawsuit against those that infringe upon their trademark but only for infringements the state of Illinois. Furthermore, the trademark is only protected in the geographic areas where the mark is being used, not the entire state. Also, federal trademarks have more power than state-issued trademarks, so a state trademark may not defend your brand against infringement from another business with a federal trademark.

Federal vs. State Trademark Protection in Illinois

Understanding the difference between federal and state trademark registration is critical when deciding how to protect your brand:

Feature Illinois State Trademark Federal Trademark (USPTO)
Scope of Protection Illinois only Nationwide (all 50 states)
Symbol Use TM or SM ® (only after federal registration is granted)
Enforceability Illinois courts Federal courts and U.S. Customs
Cost Lower filing fee Higher filing fee
Processing Time 4 to 6 weeks Several months to over a year
Foreign Trademark Rights Not included Can be used as a basis for international registration through the Madrid Protocol

Businesses with operations outside Illinois or plans to expand nationally should consider federal trademark registration to ensure broader protection.

Frequently Asked Questions

  1. What is the purpose of an Illinois trademark search?
    An Illinois trademark search helps determine whether your desired mark is already in use or registered within the state. This reduces the risk of infringement and legal disputes.
  2. How do I search for an Illinois trademark?
    You can use the Illinois Secretary of State’s online trademark database. A complete search may also include federal (USPTO) records, business names, domain names, and common law sources.
  3. What is the difference between a trademark and a service mark in Illinois?
    A trademark identifies products, while a service mark identifies services. Both can be registered through the Illinois Secretary of State for protection within Illinois.
  4. Can I use the ® symbol after registering a trademark in Illinois?
    No. The ® symbol is reserved for federally registered trademarks. For Illinois state trademarks, use the “TM” for trademarks or “SM” for service marks.
  5. Do I need an attorney to file for an Illinois trademark?
    While not required, consulting with an attorney can help ensure your application is properly filed and that a comprehensive search is performed. This reduces the risk of rejection or future legal issues.

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