Why Register a Trademark in Illinois
Illinois is home to over 1.2 million small businesses, with Chicago ranking among the top U.S. cities for start-ups and creative industries. From local restaurants and craft breweries to tech boutiques, securing your brand identity is crucial for standing out — and for preventing competitors from using similar names or logos.
- State registration can provide additional evidence of trademark rights within Illinois.
- It may strengthen your position when enforcing qualifying trademark rights under Illinois law.
- Registration creates a public record of the mark and its owner.
- It may help deter potentially conflicting uses.
- Unregistered marks may still have rights based on use, but those rights differ from the benefits provided by registration.
Without registration, rights are limited to common law and are costly to enforce.
Illinois State vs Federal Trademark Registration
| Feature | Illinois (State) | Federal (USPTO) |
|---|---|---|
| Authority | Illinois Secretary of State | United States Patent and Trademark Office |
| Scope | Illinois only | Nationwide |
| Fee | $10 per class |
Federal (USPTO): $350 base application fee per class; additional fees may apply |
| Term | 5 years | 10 years |
| Renewal | $5; every 5 years | Maintenance filing in years 5–6; renewal every 10 years |
| Processing Time | ~2–3 weeks | Varies depending on examination and application circumstances |
| Filing Method | Mail-in | Online through the USPTO |
| Proof of Use | Required before filing | “Intent to use” allowed |
| Best For | Local/regional businesses | National brands, e-commerce |
Pro tip: State and federal registration provide different scopes of protection. Businesses seeking broader protection across the United States may consider federal registration through the USPTO.
Step 1: Conduct an Illinois Trademark Search
Before filing, check that your desired mark isn’t already registered or pending. Use the official Illinois Trademark Database from the Secretary of State to search by mark name, owner, or registration number/class.
- Try phonetic variations and alternate spellings.
- Assess similar goods/services — not just identical names.
- Expand your research by checking federal USPTO trademark records, relevant web results, business names, social media, and domain names.
Similar existing marks may create potential conflicts and can affect the registrability of a proposed mark.
Step 2: Prepare Your Application
Illinois uses Form TM/SM 15 — Trademark or Servicemark Application.
- Applicant information (full legal name and address).
- Mark representation (word, logo, or combined mark).
- Description of goods/services and classification.
- Date of first use in Illinois commerce.
- Three specimens showing actual use (labels, packaging, ads).
- Illinois state trademark application fee: $10.
Illinois accepts only marks that are already in commercial use — no intent-to-use applications.
Step 3: Submit Your Application
Mail your completed application to:
Trademark Registration Section
Illinois Secretary of State, Department of Business Services
501 S. Second Street, Room 330, Springfield, IL 62756
Include Form TM/SM-10, three specimens, and payment. Processing times may vary. Check the Illinois Secretary of State for current processing information before filing.
Step 4: Review and Certificate of Registration
If your mark meets requirements, you’ll receive an official Certificate of Registration. If the Illinois Secretary of State identifies issues with the application, additional information or corrections may be required before registration can proceed.
Step 5: Duration and Renewal
Illinois registrations are valid for five years from the registration date. Renew within 60 days before expiration using Form TM/SM 30 — Trademark or Servicemark Renewal Application. (via ilga.gov)
- Proof of continued use (specimens).
- $5 renewal fee.
- Updated ownership details (if changed).
Missing renewal deadlines can result in cancellation and loss of rights.
Renewal Checklist
- Confirm the mark is still in use.
- Collect new proof of use (ads, labels, website screenshots).
- Update contact/ownership details.
- Submit the required renewal filing and fee within the applicable renewal period.
Common Mistakes to Avoid
- Filing for a mark not yet in use.
- Submitting blurred or edited specimens.
- Incorrect classification of goods/services.
- Ignoring similar marks in search results.
- Forgetting to renew on time.
Enforcement & Legal Protection in Illinois
The Illinois Trademark Registration and Protection Act (765 ILCS 1036) provides legal remedies for infringement and dilution. You may issue cease-and-desist letters, seek injunctions in state court, and claim damages. State registration may provide additional evidence of trademark rights when addressing potentially infringing uses within Illinois.
When to Consider Federal Registration
Businesses seeking broader trademark protection across the United States may consider federal registration through the USPTO. Federal registration can provide important nationwide benefits that are not available through Illinois state registration. BONAMARK provides federal trademark registration services rather than Illinois state-level filing services.
For federal trademark registration, BONAMARK’s service starts from $650 for one class. The USPTO base application filing fee is $350 per class, and additional fees may apply depending on the application.
Need Federal Trademark Protection Beyond Illinois?
Need broader trademark protection beyond Illinois? BONAMARK can assist with trademark searches and federal trademark registration through the USPTO.
Frequently Asked Questions
How much does Illinois State trademark registration cost?
The Illinois Secretary of State charges a $10 application fee for a Trademark or Servicemark Application.
ilsos.gov
How long does an Illinois State trademark registration last?
An Illinois State trademark registration is valid for five years and may be renewed for additional five-year terms. The renewal application must be filed within 60 days before expiration.
ilga.gov
Can I apply online?
No — applications must be mailed to Springfield.
Do I need to live in Illinois to register?
No, but your mark must be used in Illinois commerce.
What if my application is rejected?
You may amend and resubmit or seek professional assistance.
Does a business name registration count as a trademark?
No, you must file a separate trademark application.
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