765 ILCS 1036/1
Short title
Short title. This Act may be cited as the Trademark Registration and Protection Act. (Source: P.A. 90-231, eff. 1-1-98.)
Illinois Compiled Statutes 765 ILCS 1036 — Trademark Registration and Protection Act.
Illinois · statute · 765 ILCS 1036 · 22 active provisions
765 ILCS 1036/5
Definitions
Definitions. In this Act: (a) A mark shall be deemed to be "abandoned" when either of the following occurs: (1) When its use has been discontinued with intent not to resume that use. Intent not to resume may be inferred from circumstances. Nonuse for 2 consecutive years shall constitute prima facie evidence of abandonm…
765 ILCS 1036/10
Registrability
Registrability. A mark by which the goods or services of an applicant for registration may be distinguished from the goods or services of others shall not be registered if it: (a) consists of or comprises immoral, deceptive, or scandalous matter; or (b) consists of or comprises matter that may disparage or falsely sugg…
765 ILCS 1036/15
Application for registration
Application for registration. Subject to the limitations set forth in this Act, any person who uses a mark may file in the office of the Secretary, on a form to be furnished by the Secretary, an application for registration of that mark setting forth, but not limited to the following information: (a) the name and busin…
765 ILCS 1036/20
Filing of application
Filing of application. (a) Upon the filing of an application for registration and payment of the application fee, the Secretary may cause the application to be examined for conformity with this Act. (b) The applicant shall provide any additional pertinent information requested by the Secretary including a description o…
765 ILCS 1036/25
Certificate of registration
Certificate of registration. Upon compliance by the applicant with the requirements of this Act, the Secretary shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary and the Seal of the State, and it sha…
765 ILCS 1036/30
Duration and renewal
Duration and renewal. A registration of a mark under this Act shall be effective for a term of 5 years from the date of registration and, upon application filed within 60 days before the expiration of the term, on a form furnished by the Secretary, the registration may be renewed for a like term from the end of the exp…
765 ILCS 1036/35
Assignments, changes of name or address and other instruments
Assignments, changes of name or address and other instruments. (a) Any mark and its registration under this Act shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Assignment shall be on…
765 ILCS 1036/40
Records
Records. The Secretary shall keep for public examination a record of all marks registered or renewed under this Act, as well as a record of all documents recorded pursuant to Section 35. The Secretary will provide a certified copy of any single registration, or portion thereof, upon receiving a request in writing for t…
765 ILCS 1036/45
Cancellation
Cancellation. The Secretary shall cancel from the register, in whole or in part: (a) any registration concerning which the Secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record; (b) all registrations granted under this Act and not renewed in accordance with t…
765 ILCS 1036/50
Classification
Classification. The Secretary shall by rule establish a classification of goods and services for convenience of administration of this Act, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with whi…
765 ILCS 1036/55
Fraudulent registration
Fraudulent registration. Any person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary under this Act, by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulen…
765 ILCS 1036/60
Infringement
Infringement. Subject to the provisions of Section 80 of this Act, a person shall be liable in a civil action by the registrant for any and all of the remedies provided in Section 70 of this Act if the person: (a) uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation o…
765 ILCS 1036/62
Infringement of Olympic marks
Infringement of Olympic marks. Notwithstanding any other Section of this Act: (a) The United States Olympic Committee has the exclusive right to use, and license for use, in this State any of the following: (1) any mark to which the United States Olympic Committee has exclusive rights under 36 U.S.C. 220506; (2) the de…
765 ILCS 1036/65
Injury to business reputation; dilution
Injury to business reputation; dilution. (a) The owner of a mark which is famous in this State shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use of a mark or tradename, if the use begins after the mark has b…
765 ILCS 1036/70
Remedies
Remedies. Any owner of a mark registered under this Act may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as may be by the court deemed just and r…
765 ILCS 1036/75
Forum for actions regarding registration; service on out of state registrants
Forum for actions regarding registration; service on out of state registrants. (a) Actions to require cancellation of a mark registered under this Act shall be brought in the circuit court. In an action for cancellation, the Secretary shall not be made a party to the proceeding but shall be notified of the filing of th…
765 ILCS 1036/80
Common law rights
Common law rights. Nothing in this Act shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. (Source: P.A. 90-231, eff. 1-1-98.)
765 ILCS 1036/85
Severability
Severability. The provisions of the Act are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 90-231, eff. 1-1-98.)
765 ILCS 1036/90
Time of taking effect; conflicts with prior Acts; intent of Act
Time of taking effect; conflicts with prior Acts; intent of Act. This Act shall not affect any application, suit, proceeding, or appeal then pending on its effective date. Except in the case of an application, suit, proceeding, or appeal pending on its effective date, this Act shall control in any conflict between the…
765 ILCS 1036/910
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 90-231, eff. 1-1-98; text omitted.)
765 ILCS 1036/999
Effective date
Effective date. This Act takes effect January 1, 1998. (Source: P.A. 90-231, eff. 1-1-98.)