Illinois Trademark Registration: Should You File With the State or the USPTO?
Illinois lets a business register a trademark with the Secretary of State, but a state registration protects the mark only inside Illinois. For most businesses, a federal registration is the better filing, though a state filing can still make sense for a purely local brand. Jonathan Phillips advises on which to file, and handles either one.
At a glance
Where you file: Illinois registrations go through the Illinois Secretary of State. Federal registrations go through the U.S. Patent and Trademark Office.
Where it protects: A state registration covers Illinois. A federal registration covers the whole country.
What it is based on: A state registration generally rests on use of the mark in Illinois. A federal application can also be filed before you start using the mark.
Who it suits: State: a small, local business with no plans to expand. Federal: anyone who sells online, ships across state lines, or wants to grow.
What does an Illinois registration do?
Creates a public record that you claim the mark in Illinois.
Helps prove your claim and your date of first use inside the state.
Supports claims against copycats within Illinois.
Is quicker and usually less costly than a federal filing.
What does it not do?
It does not protect you outside Illinois. A business in another state can adopt a similar name there.
It is not the basis most marketplace programs want. Many brand-protection programs look for a federal registration or application.
It does not block a later federal applicant from claiming nationwide rights.
It does not give you the national priority date that a federal application provides.
Should I register in Illinois or federally?
File federally if you sell online, ship outside Illinois, advertise nationally, plan to expand, or need marketplace brand tools. See federal trademark registration.
Consider Illinois if the business is truly local, the brand is a modest one, and a federal filing is not worth the cost right now.
Consider both if you want a quick state record while a federal application is pending.
Do I own the mark without registering?
Yes, to a point. Using a name in business gives you common-law rights in the area where you are known. Registration makes those rights easier to prove and enforce. If you need to stop a copycat, see trademark policing and brand protection.
What to do in the first week
List where you sell today, and where you hope to sell in the next few years.
Write down the date you first used the name in Illinois.
Do a quick search for similar names, in Illinois and nationally, before you file anywhere.
Decide whether marketplace programs or out-of-state sales matter to the business.
Book a short consultation to choose between state, federal, or both.
How Jonathan handles trademark filings
Jonathan has filed, maintained, and enforced trademark portfolios of hundreds of marks, from small startups to large companies with many marks, from his office in Peoria. He has handled hundreds of trademark matters. Flat fees are available for most filings. Prior results do not guarantee a similar outcome.
Frequently asked questions
Is a state trademark registration enough? For most businesses, no. It protects the mark only inside Illinois, and online sales usually reach beyond the state.
Can I get both a state and a federal registration? Yes. They are separate filings and do not conflict.
Do I need to register at all? No. You have common-law rights from use, but registration gives stronger proof and tools.
What does it cost? Flat fees and payment plans are available. Government fees are set by the Illinois Secretary of State and by the USPTO; see the USPTO fee schedule for the federal amount.
What if someone already has a similar name? A search before you file shows the risk. See trademark opposition and cancellation if you need to challenge a mark.
Recent writing
Jonathan L.A. Phillips, Brown, Hay & Stephens, LLP. Part of the Trademark hub. Last reviewed October 2026. Prior results do not guarantee a similar outcome.