How to Register a Trademark in Illinois (2026)
Reviewed by DocDraft Legal Team · Illinois · Last updated August 12, 2026
An Illinois state trademark is registered with the Illinois Secretary of State's Department of Business Services under the Trademark Registration and Protection Act, 765 ILCS 1036. The Illinois filing fee is just $10 per class of goods or services, among the lowest in the nation, and a registration lasts 5 years before it must be renewed. State registration only protects a mark within Illinois, so businesses selling across state lines or online usually file federally with the USPTO instead. This page covers the Illinois process, the state's Trade Secrets Act (765 ILCS 1065) and Right of Publicity Act (765 ILCS 1075), and how state protection fits alongside federal registration.
How much does an Illinois state trademark cost?
The Illinois Secretary of State charges $10 per class of goods or services, one of the lowest state trademark fees in the country. Each class requires its own separate application form and its own set of three specimens. Renewal costs $5 per class. These state fees are entirely separate from the USPTO's $350-per-class federal fee.
Where do I file a trademark in Illinois?
You file with the Illinois Secretary of State's Department of Business Services, not with a court or the USPTO. The application is the state Trademark or Service Mark Application, Form TM/SM-15, mailed to the Department in Springfield with the fee and three specimens. The Secretary of State also runs a free online trademark and servicemark search database.
How long does an Illinois trademark registration last?
An Illinois registration is effective for 5 years from the date of registration under 765 ILCS 1036/60. It can be renewed for successive 5-year terms by filing a renewal within 6 months before expiration, with a $5-per-class fee and a verified statement that the mark is still in use. This is shorter than the federal 10-year term.
Should I register in Illinois or with the USPTO?
An Illinois registration only protects your mark inside Illinois and cannot stop out-of-state use. If you sell across state lines or online, federal registration with the USPTO gives nationwide priority and the right to use the registered mark symbol. Many Illinois businesses that operate purely locally choose the $10 state filing first.
Illinois: a $10 filing and a distinctive privacy backdrop
Illinois registers marks under the Trademark Registration and Protection Act, 765 ILCS 1036, which the General Assembly modeled on the federal Lanham Act and administered through the Secretary of State's Department of Business Services in Springfield. The signature feature is cost: at $10 per class, an Illinois registration is among the cheapest state trademark filings anywhere, though each class demands a separate application and three specimens, and the term runs only 5 years before a $5-per-class renewal is due. Illinois also carries a dilution remedy for marks that are famous in the state, letting owners enjoin uses that blur or tarnish a distinctive mark even without direct competition. Beyond trademarks, brand owners operating in Illinois should be aware of the state's unusually strict privacy regime: the Biometric Information Privacy Act (740 ILCS 14) governs any collection of fingerprints, face scans, or voiceprints and carries a private right of action with statutory damages, a rule that has reshaped how consumer-facing brands handle biometric data in the state.
Relevant Laws
Illinois Trademark Registration and Protection Act, 765 ILCS 1036
The Illinois statute governing state trademark and servicemark registration, the 5-year term, renewal, infringement, and dilution of marks famous in Illinois. Administered by the Secretary of State.
Illinois Secretary of State - Trademark/Servicemark filing
The Department of Business Services page for Illinois trademark and servicemark registration, including the free search database and Form TM/SM-15. The $10-per-class fee is paid to the Secretary of State.
Illinois Trade Secrets Act, 765 ILCS 1065
Illinois's version of the Uniform Trade Secrets Act, effective 1988. It protects trade secrets from misappropriation but modifies the model act, notably with a 5-year statute of limitations instead of the UTSA's 3 years.
Illinois Right of Publicity Act, 765 ILCS 1075
Grants individuals the right to control commercial use of their identity (name, image, likeness, voice), requiring written consent. It preempts the common-law right of publicity in Illinois. Relevant when branding uses a person's identity.
Regional Variances
Registering in Illinois vs. federally vs. common law
Illinois (Secretary of State, 765 ILCS 1036)
$10 per class, filed on Form TM/SM-15 with three specimens per class. Effective 5 years, renewable for 5-year terms at $5 per class. Protection is limited to Illinois; requires actual use in the state, no intent-to-use option.
Federal (USPTO, Lanham Act)
$350 per class, nationwide priority, right to the registered mark symbol, and federal-court enforcement. Lasts 10 years, renewable, and allows intent-to-use filing. The right choice for interstate or online sellers.
Common law (use alone)
Rights arise automatically from use in your actual Illinois trading area, with no filing and no fee. Narrowest scope and hardest to enforce, with no registered mark symbol.
Illinois brand-related statutes to know
Trade secrets: Illinois Trade Secrets Act (765 ILCS 1065)
Illinois adopted the Uniform Trade Secrets Act, effective 1988, with modifications including a 5-year limitations period rather than the model act's 3 years. It preempts prior common-law trade-secret claims.
Right of publicity: 765 ILCS 1075
A dedicated statute protecting name, image, likeness, signature, and voice, requiring written consent for commercial use and preempting the common-law right. Statutory damages of $1,000 are available.
Biometric privacy: BIPA (740 ILCS 14)
A distinctive Illinois quirk. The Biometric Information Privacy Act regulates collection of fingerprints, face scans, and voiceprints, with written-consent duties and a private right of action carrying $1,000 to $5,000 per-violation statutory damages.
Suggested Compliance Checklist
Confirm actual use of the mark in Illinois
Before filing days after startingIllinois has no intent-to-use track under 765 ILCS 1036. Verify the mark is already in use in Illinois and gather three specimens per class showing that use on the goods or with the services.
Search the Illinois Secretary of State trademark database
Before filing days after startingUse the free Secretary of State Trademark/Servicemark Search plus the USPTO database and common-law sources to rule out confusingly similar marks on related goods or services in Illinois.
Classify goods/services and count classes
Before filing days after startingMap your mark to the international classes. Illinois charges $10 per class and requires a separate Form TM/SM-15, fee, and three specimens for each class, so the class count drives the paperwork.
Complete and mail Form TM/SM-15 with the fee
When ready days after startingFile the State of Illinois Trademark or Service Mark Application with the Department of Business Services in Springfield, including three specimens and a $10-per-class check payable to the Illinois Secretary of State.
Calendar the 5-year renewal
Within 6 months before the 5-year expiration days after startingRenew under 765 ILCS 1036 by filing within the 6 months before the term ends, paying $5 per class and submitting a verified statement of continued use with fresh specimens. Renewals run in 5-year terms.
Review Illinois publicity and biometric exposure
Before launching brand assets days after startingIf branding uses a person's identity, secure written consent under the Right of Publicity Act (765 ILCS 1075). If you collect biometric data, comply with BIPA (740 ILCS 14) notice and consent rules to avoid statutory damages.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use of the mark in Illinois | Illinois has no intent-to-use track under 765 ILCS 1036. Verify the mark is already in use in Illinois and gather three specimens per class showing that use on the goods or with the services. | - | Before filing |
| Search the Illinois Secretary of State trademark database | Use the free Secretary of State Trademark/Servicemark Search plus the USPTO database and common-law sources to rule out confusingly similar marks on related goods or services in Illinois. | - | Before filing |
| Classify goods/services and count classes | Map your mark to the international classes. Illinois charges $10 per class and requires a separate Form TM/SM-15, fee, and three specimens for each class, so the class count drives the paperwork. | - | Before filing |
| Complete and mail Form TM/SM-15 with the fee | File the State of Illinois Trademark or Service Mark Application with the Department of Business Services in Springfield, including three specimens and a $10-per-class check payable to the Illinois Secretary of State. | trademark-application | When ready |
| Calendar the 5-year renewal | Renew under 765 ILCS 1036 by filing within the 6 months before the term ends, paying $5 per class and submitting a verified statement of continued use with fresh specimens. Renewals run in 5-year terms. | - | Within 6 months before the 5-year expiration |
| Review Illinois publicity and biometric exposure | If branding uses a person's identity, secure written consent under the Right of Publicity Act (765 ILCS 1075). If you collect biometric data, comply with BIPA (740 ILCS 14) notice and consent rules to avoid statutory damages. | - | Before launching brand assets |
Frequently Asked Questions
No. A registration under 765 ILCS 1036 only gives you rights within Illinois and cannot stop someone from using a similar mark in another state. For protection beyond Illinois you need a federal USPTO registration, which grants nationwide priority. The state filing is best suited to businesses that operate only inside Illinois.
No. Unlike the federal system, Illinois requires that the mark already be in actual use in the state before you apply. There is no intent-to-use basis and no way to reserve a mark you have not yet used. If you only plan to launch soon, a federal Section 1(b) intent-to-use application is the tool for that.
The Illinois Secretary of State treats each class of goods or services as its own filing. That means a separate Form TM/SM-15, a separate $10 fee, and a separate set of three specimens for every class. A brand in two classes files two complete applications, unlike the USPTO's single multi-class application.
Yes. The Trademark Registration and Protection Act lets the owner of a mark that is famous in Illinois seek an injunction against later commercial uses that dilute the mark's distinctive quality, even without direct competition or a likelihood of confusion. This state dilution remedy parallels the protection available for famous marks under federal law.
The Illinois Right of Publicity Act, 765 ILCS 1075, gives individuals the right to control commercial use of their identity, including name, image, likeness, and voice. If your branding uses a person's identity, you generally need their written consent. The Act preempts the older common-law right of publicity in Illinois.
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