Best Trademark Lawyers in Illinois

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Banner Witcoff
Chicago, United States

Founded in 1920
275 people in their team
English
Leaders in intellectual property law for 100 years.We are the trusted IP partner of choice for organizations around the world. We provide sound legal guidance and inventive IP solutions to power business-for start-ups, Fortune 500 companies, and everything in between.Banner Witcoff’s Shared...
Jones Day
Chicago, United States

Founded in 1893
2,500 people in their team
English
Jones Day has a history of more than 125 years and a culture of client service and professionalism based on explicit shared values. These values include providing pro bono legal services, building diversity in our profession, and supporting outreach efforts around the world.Jones Day has a long...
Dragan Ivetic, Attorney at Law, LLC

Dragan Ivetic, Attorney at Law, LLC

30 minutes Free Consultation
Chicago, United States

Founded in 2009
1 people in their team
English
Serbian
Croatian
Bosnian
French
Experienced Legal Counsel (Trademarks)Attorney Dragan Ivetic has been providing clients in the United States and across the world with unparalleled legal services since 1999. Whether you need legal consultation or advice on a transactional matter or need a lawyer to represent you in a court case,...
Arnold & Porter Kaye Scholer LLP
Chicago, United States

Founded in 1946
2,057 people in their team
English
At Arnold & Porter, we are client-driven and industry-focused. Our lawyers practice in more than 40 practice areas across the litigation, regulatory and transactional spectrum to help clients with complex needs stay ahead of the global market, anticipate opportunities and address issues that...
Gordon Rees Scully Mansukhani, LLP.
Chicago, United States

Founded in 1974
1,688 people in their team
English
As the only law firm with offices and attorneys in all 50 states, we deliver maximum value to our clients by combining the resources of a full-service national firm with the local knowledge of a regional firm. Featuring more than 1,000 lawyers nationwide, we provide comprehensive litigation and...
Greenberg Traurig, LLP.
Chicago, United States

Founded in 1967
2,300 people in their team
English
Five decades ago, while at lunch in a South Florida deli, attorneys Larry J. Hoffman, Mel Greenberg, and Robert Traurig saw an opportunity to establish a new breed of law firm for South Florida; a firm that mirrored a New York style firm. In 1967, they founded the law firm Greenberg Traurig...

Founded in 1984
227 people in their team
English
The founding vision of Barack Ferrazzano in 1984 was to create a new model that departed from the standard "mega-firm" approaches and, instead, focused on delivering efficient, team-oriented services of the highest quality. Our founding partners - two highly respected law professors at Northwestern...
Howard & Howard Attorneys PLLC
Chicago, United States

Founded in 1869
304 people in their team
English
Howard & Howard is a full-service law firm with a national and international practice that provides legal services to businesses and business owners. The firm has offices in Royal Oak, Michigan; Illinois (Chicago and Peoria); Las Vegas, Nevada; and Beverly Hills, California. From our...
Lippes Mathias LLP
Chicago, United States

Founded in 1965
177 people in their team
English
Lippes Mathias LLP is a full-service law firm with more than 135 attorneys serving clients regionally, nationally, and internationally. With offices in Buffalo, N.Y.; Albany, N.Y.; Burlington, Ontario; Chicago, Ill.; New York City; Jacksonville, Fla; and Washington, D.C., the firm represents a wide...
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About Trademark Law in Illinois, United States

Trademark law in Illinois provides protection for words, names, symbols, logos, or other devices that distinguish goods or services of one business from those of another. Trademarks can be registered at both the federal and state level, offering various benefits and legal protections. In Illinois, trademark registration is managed by the Illinois Secretary of State, while federal registration is handled by the United States Patent and Trademark Office (USPTO). The primary aim of trademark law is to prevent consumer confusion and protect the reputation and goodwill of businesses.

Why You May Need a Lawyer

Legal assistance is often needed in trademark matters to ensure that the chosen mark is not infringing on another registered mark and to navigate the complexities of registration and enforcement. Common scenarios where you might require a trademark attorney include:

  • Conducting thorough trademark searches before adopting a new business name or logo
  • Filing for trademark registration at the state or federal level
  • Responding to oppositions or office actions from the USPTO or Illinois Secretary of State
  • Defending your trademark rights in cases of infringement or misuse
  • Negotiating trademark licenses, assignments, or coexistence agreements
  • Addressing domain name disputes involving your trademark
  • Dealing with counterfeit goods or unauthorized use of your mark

A lawyer can provide strategic advice, help you avoid pitfalls, and represent your interests in negotiations or legal proceedings.

Local Laws Overview

In Illinois, trademark laws are governed by both the Illinois Trademark Registration and Protection Act and relevant federal statutes, such as the Lanham Act. Illinois law allows businesses to register trademarks at the state level for added protection within Illinois. While state registration provides certain rights, federal registration offers broader protection throughout the United States.

To register a trademark in Illinois, businesses must file an application with the Illinois Secretary of State and demonstrate use of the mark in commerce within the state. Illinois law prohibits the registration of marks that are confusingly similar to existing marks, are deceptive, or are primarily merely descriptive without secondary meaning. Enforcement of trademark rights in Illinois can occur through state or federal courts, depending on the case.

Frequently Asked Questions

What is a trademark, and why is it important in Illinois?

A trademark is any word, phrase, symbol, design or combination that identifies and distinguishes the source of goods or services. In Illinois, trademarks help protect your brand and prevent others from using similar marks that can confuse customers.

Do I need to register my trademark in Illinois if I have a federal registration?

While federal registration through the USPTO provides protection across the United States, state registration in Illinois can offer additional protection within the state and can be easier to obtain and enforce for purely local businesses.

How do I register a trademark in Illinois?

To register a trademark in Illinois, you need to file an application with the Illinois Secretary of State’s office, provide a specimen showing the mark in use, and pay the required fee. You must show that the trademark is actively used in commerce in Illinois.

How long does Illinois trademark registration last?

A trademark registered in Illinois is valid for five years from the date of registration. It can be renewed for additional five-year periods as long as the mark remains in active use.

Can I enforce my Illinois trademark against someone using a similar mark?

Yes. Illinois law allows trademark owners to take legal action against parties who use similar marks that are likely to cause confusion, leading to possible court orders to stop the infringement and, in some cases, damages.

What happens if my trademark application is denied in Illinois?

If your application is denied, you will receive a written notice stating the reasons. You may be able to amend your application or respond with additional information to address the issues raised by the Secretary of State’s office.

What is the difference between trademark, service mark, and trade name?

A trademark identifies goods, a service mark identifies services, and a trade name refers to the name of a business entity. All can be protected under Illinois law, but their registration requirements and protections may differ.

Can I lose my trademark rights in Illinois if I do not use the mark?

Yes. Both state and federal law require that a trademark be actively used in commerce. Failure to use a trademark for an extended period, known as abandonment, can result in loss of rights.

Can I register a trademark that is similar to another company’s mark in another state?

State registration in Illinois only offers protection within Illinois boundaries. However, if a similar mark is already federally registered or also used in Illinois, you may face a challenge or denial based on likelihood of confusion.

What should I do if I receive a cease and desist letter regarding trademark use?

If you receive a cease and desist letter, it is important to consult with an experienced trademark attorney before responding. They can help assess the validity of the claim and advise you on the best course of action.

Additional Resources

If you need more information or assistance regarding trademarks in Illinois, consider reaching out to the following agencies and organizations:

  • Illinois Secretary of State - Department of Business Services: Handles state trademark applications and inquiries
  • United States Patent and Trademark Office (USPTO): Federal resource for trademark registration and information
  • Illinois State Bar Association: Offers lawyer referrals and legal resources
  • Chicago Bar Association: Provides support and referrals for trademark issues
  • Local law libraries: Many provide guides and books on intellectual property law
  • Small Business Administration (SBA) Illinois District Office: Guidance for entrepreneurs and business owners

Next Steps

If you need legal assistance regarding trademarks in Illinois, take the following steps:

  1. Identify your trademark issue, such as registration, enforcement, or defending against a claim.
  2. Gather relevant documents, such as your business registration, use evidence, and any correspondence related to the trademark.
  3. Contact a qualified Illinois trademark attorney to discuss your situation and receive advice tailored to your needs.
  4. Consider consulting official resources, such as the Illinois Secretary of State or USPTO, for basic information and application forms.
  5. Make informed decisions about registration, enforcement, or dispute resolution based on expert guidance from a legal professional.

Seeking the help of a knowledgeable attorney can help you avoid common mistakes, protect your business reputation, and ensure your trademark rights are fully secured in Illinois.

Lawzana helps you find the best lawyers and law firms in Illinois through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Trademark, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Illinois, United States - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.