To trademark a business name in Illinois, file form TM/SM-15 with the Illinois Secretary of State along with three specimens showing how you use the name, pay a $10 fee for each class of goods or services, and wait a few weeks for the certificate. The mark must already be in use in Illinois commerce before you file, and it has to be distinctive enough to set your business apart from others. Protection runs for five years and covers only Illinois.
Make Sure Your Name Can Be Registered
Illinois law requires that a trademark distinguish your goods or services from everyone else’s. Names that merely describe what you sell generally cannot be registered. Neither can names that are primarily geographic, deceptively misdescriptive, or primarily just a surname. Generic names for the product itself are off the table entirely and can be cancelled even after registration.1Justia Law. Illinois Code 765 ILCS 1036 – Trademark Registration and Protection Act
There is one path around the descriptiveness problem. If you have used a descriptive name continuously in Illinois for five years, the Secretary of State may accept that use as evidence the name has acquired distinctiveness.1Justia Law. Illinois Code 765 ILCS 1036 – Trademark Registration and Protection Act Short of that, the strongest candidates are invented words, real words used in an unrelated context, or names that only hint at what you sell.
If your name plainly describes your product, the honest answer is often to pick a different name rather than fight the application.
Search for Conflicts Before You File
A name does not need to be identical to someone else’s to create a conflict. If it is similar enough to confuse consumers, that is enough to block your registration or trigger a dispute later. Search before you spend money on signage, business cards, or filing fees.
Illinois Databases
Start with the Illinois Secretary of State’s trademark and business name databases through the Business Services portal.2Illinois Secretary of State. Illinois Secretary of State Business Services Check exact matches and close variations.
Federal Database
Then search the federal trademark database at uspto.gov. The USPTO replaced its old TESS tool with a new trademark search system in late 2023.3United States Patent and Trademark Office. Retiring TESS – What to Know About the New Trademark Search System A federally registered mark that predates yours can be grounds to cancel your Illinois registration even after it is granted.
Unregistered Uses
Businesses can acquire common law trademark rights just by using a name in commerce, with no filing. Those rights are limited to the geographic area where the business actually operates, but they still create conflicts within that area. Run general internet searches, check social media, and look at industry directories to catch unregistered uses in Illinois.
What Goes on the Application
Illinois trademark applications use form TM/SM-15, available as a PDF from the Secretary of State’s website.4Illinois Secretary of State. Illinois Trademark or Servicemark Application Collect everything before you start writing:
- Your full name and business address. Corporations, LLCs, and partnerships also list the state of organization.
- The mark itself. For a word-only name, the text is enough. If the mark includes a logo or design, provide a brief description of its major features.
- A description of the goods or services you sell under the mark, along with the international classification number. The Secretary of State will assign or correct the class number if needed. Each class requires a separate application, its own specimens, and its own $10 fee.
- The date you first used the mark anywhere and the date you first used it in Illinois. If both are the same, list the same date twice. The mark must already be in use in Illinois before you file.
- A verified statement that you own the mark, that it is in use, and that to your knowledge no one else has registered or has the right to use a confusingly similar mark.
- Three specimens showing the mark as you actually use it: product labels, website screenshots, advertisements, or packaging. Do not staple, glue, or tape them to the application.
The form must be signed under oath, affirmation, or declaration subject to perjury laws, and either typed, laser printed, or printed legibly in black ink.1Justia Law. Illinois Code 765 ILCS 1036 – Trademark Registration and Protection Act
If you have also filed a federal application for the same mark, be ready to provide the filing date, serial number, current status, and the reasons for any refusal. The Illinois office may ask.
Where to File and What It Costs
Mail the completed form, your three specimens, and a check or money order for $10 per class payable to the Illinois Secretary of State. Cash is not accepted. Send it to:
Secretary of State
Department of Business Services
Trademark Division
501 S. Second St., Rm. 330
Springfield, IL 62756
The office reviews each application for compliance with the Trademark Registration and Protection Act.4Illinois Secretary of State. Illinois Trademark or Servicemark Application Straightforward applications typically produce a certificate of registration within a few weeks. If the examiner finds a problem, you will be contacted with a chance to respond.
What Registration Actually Gives You
Registration is not just a piece of paper. As a registered owner, you can sue in court to stop anyone from manufacturing, using, displaying, or selling counterfeits or imitations of your mark. A court can order an injunction, award the infringer’s profits, and grant damages. When the infringement was in bad faith, the court can award up to three times the combined profits and damages, plus reasonable attorney fees.5Illinois General Assembly. Illinois Code 765 ILCS 1036 – Trademark Registration and Protection Act
Without registration, a common law trademark holder has to prove in court that a valid trademark exists at all, including when they started using it, where they use it, and what goods or services it covers. Registration skips that fight.
Keeping Your Registration Active
An Illinois registration lasts five years from the registration date. To renew, file a renewal application within the 60 days before the current term expires. Miss that window and the registration lapses.1Justia Law. Illinois Code 765 ILCS 1036 – Trademark Registration and Protection Act The Secretary of State sends renewal correspondence to the mailing address on file, so keep that address current.
The renewal requires a verified statement that the mark is still in use, three current specimens, and a $5 fee. You can renew for successive five-year periods indefinitely as long as the mark stays in active use.1Justia Law. Illinois Code 765 ILCS 1036 – Trademark Registration and Protection Act A mark that has been abandoned, has changed substantially from the registered form, or has become the generic name for the goods or services cannot be renewed.
When Illinois Registration Is Not Enough
An Illinois trademark only protects you inside Illinois. If you ship products to other states, sell online to a national audience, or plan to expand beyond state lines, you need a federal registration through the U.S. Patent and Trademark Office. Federal filing fees start at $250 per class, and the average application takes about 10 months from filing to either registration or abandonment.6United States Patent and Trademark Office. Trademark Processing Wait Times Businesses that engage only in local, intrastate commerce generally cannot qualify for federal registration at all, because the Lanham Act requires use of the mark in interstate commerce.
The two are not mutually exclusive. Many businesses file in Illinois first to lock in state protection quickly and cheaply, then pursue a federal application for broader coverage.