How to Trademark a Business Name in Illinois (Step-by-Step Guide)
Why Your LLC Filing Isn’t Enough
Many Illinois small business owners believe that once they register their LLC or search the Secretary of State database, their business name is safe. Some even think a quick Google search is enough.
But here’s the truth: an LLC filing doesn’t protect your brand name.
That’s how so many small businesses end up pouring time and money into logos, branding, websites, and marketing— Only to later discover they’ve been using a name that someone else already owns the trademark for. In the worst cases, they’re forced to rebrand entirely or pay monetary damages to a third party.
A local business owner had come up with a name she loved. She formed an LLC with the name, opened bank accounts with the name, Instagram and Facebook accounts. She spent money on a beautiful website with the domain name of her business. Also spent time and money on branding and merchandise. Months later she received a cease and desist letter from the legal owner of her business name. She was forced to rebrand and give up everything she had created.
If you wanna make sure your business name is truly yours, you need to trademark. Here’s how.
Step 1: Conduct a Trademark Search
Before filing, confirm your business name isn’t already trademarked. This means searching the USPTO (U.S. Patent and Trademark Office) database, Illinois records and even “common law” uses including but not limited to websites and social media.
Step 2: Decide What to Trademark
Beyond your business name, you can trademark:
Your wordmark (name alone)
Your logo design
Your slogan or tagline
Step 3: File With the USPTO
To fully protect your exclusive rights to your brand, you’ll want federal registration through the USPTO. The general process includes but is not limited to
Picking the correct class of goods/services.
Filing your complete, correct application.
Paying the appropriate filing fees.
Responding to official Office Actions.
Mistakes many owners make? Filing in the wrong class—which means wasted money and no protection.
Step 4: Maintain Your Trademark
A trademark isn’t one-and-done. You’ll need to use it consistently, renew it at require required intervals, and monitor for infringement.
Why Work With a Lawyer?
A lawyer can:
Do a comprehensive knock-out search to avoid conflicts.
Advise you on generally acceptable names, logos and slogans at the Federal Level.
Handle communications, including but not limited to office actions, with the USPTO.
Save your from costly mistakes.
Monitor your trademark rights.
How Marketti Law Firm Helps
At Marketti Law Firm, we help business owners in Frankfort, Mokena, New Lenox IL and online protect their names, logos and reputations with flat-fee trademark services. We make sure your brand is secured before you invest more time and money into building it.
Ready to protect your business name the right way? Schedule your free consultation today.