How to register a trademark in Illinois?
Trademark registration in Illinois is a sequence of significant steps for legal protection for your business brand. Registration can be state-level or federal-level, depending on the needs of the business.
1. Conduct a Trademark Search
Before applying, conduct a thorough search to confirm whether the trademark is already registered. You can:
- Look up existing state-level trademarks by searching through the database of the Illinois Secretary of State (SOS).
- Use the USPTO Trademark Electronic Search System (TESS) for federal registration search.
- Conduct a common law search through directories, social networks, and listings online.
2. Register on the State Level in Illinois
In case you need trademark protection only in Illinois, register under the Illinois Secretary of State through:
- Filing the Trademark or Service Mark Application (Form TM/SM-15).
- Filing an unambiguous statement describing the mark and its business use.
- Filing proof of use, such as product tags, packaging, or advertising matter.
- Filing the filing fee, which ranges from low to mid-price.
A state trademark is valid for five years and must be renewed prior to its expiration.
3. File Federal Registration with the USPTO
For federal protection, submit an application with the United States Patent and Trademark Office (USPTO). This includes:
- Choosing the correct trademark class based on goods/services.
- Filing an application through the Trademark Electronic Application System (TEAS).
- Payment of the federal filing fee, which is moderate to high.
- Responding to any office actions should the USPTO have concerns.
4. Preserve and Protect Your Trademark
After registration, you must actually use the trademark in commerce. Renewals and enforcement may involve legal help to prevent infringement.
By doing so, your brand is adequately safeguarded. For professional advice on trademark registration, One IBC USA provides expert advice based on your business needs.