We are based in Los Angeles and represent trademark clients throughout the world
Hartmans Law’s trademark attorney is licensed to practice law in Illinois and can represent clients based in the Chicago, Illinois area. As the lawyer of record, he has helped clients based all over the United States, and around the world, with trademarks. As a trademark law expert, our trademark lawyer represents clients in many intellectual property matters.
We provide free consultation to discuss trademark law principles, generally.
How many trademarks are filed each year by applicants in Chicago?
In 2023, over 10,000 trademark applications were filed at the trademark office by trademark applicants in the Chicago, IL metro area.
Trademark Registration Process
The Hartmans law firm starts the trademark application process with a client phone or video conference to learn about the brand. This often occurs during a free consultation.
The attorney then conducts a trademark search to determine whether any third parties have competing trademark rights, whether the use will create trademark infringement, and to help prepare the trademark application to avoid intellectual property issues.
The trademark search is important because it mirrors what the trademark examiner will investigate when they review the trademark application. 31% of new applications are initially rejected due to a conflict with a similar trademark. This step is important because it allows the applicant to confidently begin using the trademark to build intellectual property rights.
Next, the attorney prepares the trademark application. The client reviews the application and signs it electronically, and the attorney files it with the trademark office.
Use of the trademark “in commerce” is an intellectual property law requirement for registration. Use of the trademark is not a requirement to apply, however.
Our law firm then monitors the examination of the application by the United States Patent and Trademark Office. We notify our clients of any status changes.
After the trademark certificate is issued, we advise the client about trademark rights, monitor trademark infringement and unfair competition, and provide other trademark services.
Benefits of Working With an Experienced Trademark Attorney
Working with a trademark lawyer with extensive experience can save an enormous amount of time and resources. Federal law is complex and changes over time. A new business has many issues to be concerned about, and only a limited amount of time. Intellectual property is a legal specialty, and understanding it takes time. Working with an attorney for the registration process can be very cost-effective.
Why is trademark registration important for Chicago’s business owners?
Trademark registration holds significant importance for businesses operating in the Chicago, IL area, as it offers numerous advantages that safeguard their brand identity, reputation, and market presence. Here’s why trademark registration is crucial for Chicago, IL area businesses:
Protecting Brand Identity: Trademark registration provides legal protection for the unique names, logos, slogans, and symbols that represent a business in the marketplace. For Chicago, IL businesses, establishing a distinct brand identity is vital in a competitive market. Registering trademarks ensures that competitors cannot use similar marks that may confuse consumers or dilute the brand’s reputation.
Preventing Brand Confusion: In a bustling metropolitan area like Chicago, where numerous businesses operate across various industries, trademark registration helps prevent confusion among consumers. By securing exclusive rights to their trademarks, businesses can avoid instances of mistaken identity, which can lead to lost sales and damage to brand credibility.
Legal Recourse: Registered trademarks provide businesses with legal recourse against infringement. In the Chicago, IL area, where intellectual property disputes are not uncommon, having a registered trademark strengthens a business’s ability to enforce its rights in court. This proactive enforcement measure can save businesses time and resources in pursuing trademark litigation against infringers.
Building Brand Value: Trademark registration enhances the value of a business’s brand. For businesses in the northeastern Illinois area seeking investors, partnerships, or expansion opportunities, a registered trademark serves as an intangible asset that adds to the overall value of the company. Potential investors and partners are more likely to perceive a registered trademark as a sign of stability and long-term viability.
Expanding Geographically: Chicago, IL businesses looking to expand beyond the city limits can benefit from trademark registration. With a registered trademark, businesses gain nationwide protection, allowing them to enter new markets with confidence. This is particularly relevant for businesses in Chicago, given its strategic location as a major hub for commerce and transportation.
Online Protection: In today’s digital age, online presence is crucial for businesses to reach a wider audience. Trademark registration helps protect businesses from online infringement, such as domain name squatting or unauthorized use of trademarks in online advertising. This is especially important for Chicago, IL businesses leveraging e-commerce platforms and digital marketing strategies to connect with customers.
Consumer Trust and Loyalty: A registered trademark instills trust and loyalty among consumers. In the Chicago, IL area, where consumers have access to a plethora of choices, a recognizable and protected brand inspires confidence in the quality and consistency of products or services offered by a business. This, in turn, fosters customer loyalty and positive brand associations. Registration helps a company ensure the goodwill is protected.
In conclusion, trademark registration is essential for Chicago-area businesses to safeguard their brand identity, prevent infringement, and capitalize on growth opportunities. By securing exclusive rights to their trademarks, businesses can establish a strong market presence, protect their reputation, and foster long-term success in the dynamic business landscape of Chicago, IL.
Does hiring a trademark attorney increase my chances of approval?
Over 50% of trademark applications receive an initial rejection. Many of these issues are avoidable. Although some can be addressed, the process of responding to the trademark office can add several months to the timeline. A working knowledge of intellectual property law is critical.
Once I register my trademark can anyone else use my trademark on any other product?
It depends. Registration is an important step to protect a business. Trademark infringement is fact-specific. The test used by courts differs from those used to determine copyright infringement and patent infringement. Many factors come into play when considering trademark infringement claims, including the relative strength of the trademark. The strength is determined by looking at tangible evidence.
I registered my business name with the Office of the Illinois Secretary of State and the county clerk’s office on my business license. Is that enough to protect my trademark?
Generally, the incorporation or formation of a business entity does not create trademark rights or protect the business name. The business formation can be useful evidence of preparation to use a trademark, which can be useful for trademark infringement and trademark litigation, however.
Illinois trademarks can be registered with the state, which has its own Illinois trademark or service mark application. The usefulness of a state trademark registration, as opposed to a federal registration, can vary.
I applied for a trademark and it is currently pending. Now I can use ®, the registered trademark symbol?
No. The registered trademark symbol can only be used after the trademark is registered.
Next Steps
Call my firm for a free consultation regarding trademark law.
