How to Register a Trademark in Illinois

Introduction

A trademark is a word, symbol or phrase that identifies the source of a product or service. It can also be a slogan, design or combination of colors. If you want to protect your brand and prevent others from using it, you should register your trademark in Illinois. To get started on this process, follow the steps below:

Obtain a Federal Trademark Application

Before you can register your trademark with the Illinois Secretary of State, you’ll need to file a federal trademark application with the U.S. Patent and Trademark Office (USPTO). In addition to filing an application, you must also submit several supporting documents, including:

  • A description of the mark or logo
  • A statement of use or intent to use the mark in commerce
  • A drawing or graphic representation of your mark
  • A specimen showing how the mark is used on physical goods or services

File a Statement of Use (SOU)

If you haven’t filed a Statement of Use (SOU) yet, this is the time to do it. The process for filing your SOU depends on whether you already have an application pending or not. If you don’t have an application pending, go ahead and file online here. If you do have an application pending and want to file for Trademark Use Examination (TUE) instead of Customs Union Defined (CUD), then submit a written request and fee with your submission materials when filing your SOU.

Renew Your Trademark in Illinois

To renew your trademark in Illinois, you’ll need to submit a Declaration of Use or Excuse (Form TM-1047), along with the filing fee. The renewal procedure is the same as the application process outlined above.

In order for your registration to be renewed, you must show that:

  • You are using the mark in commerce and have been using it continuously since its date of registration.
  • Your mark is still distinctive from others registered with the USPTO.
  • Your use of the mark has not been abandoned during this period (e.g., because you failed to provide sufficient evidence).

Takeaway

Because trademarks are usually state-specific, it is important for companies to register their trademarks in every state. If you have a business with multiple branches, it may be necessary to register your trademark(s) in all 50 states. This can be done through the US Patent and Trademark Office (USPTO). You can also hire an attorney to help you. If you do not register your trademark in any other state besides Illinois, someone else could potentially use it as theirs instead of yours. You could end up having legal issues because of this type of situation.

Conclusion

The trademark registration process in Illinois is fairly straightforward, but it does require some level of attention to detail. You’ll need to make sure you have a clear and distinctive mark, which can be done by registering your logo with the U.S. Patent and Trademark Office. Then you’ll need to file an application with the state of Illinois. We hope you found this guide helpful! If you have any questions about trademark registration in Illinois, please don’t hesitate to contact us. We’d be happy to help!

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