Illinois has one of the cheapest state trademark fees in the country. Here is what that $10 filing really buys, and when you need the federal one instead.
Run a free trademark searchThat $10 fee does a lot of damage, because it makes the state option look like an obvious bargain next to the $350 federal fee. Before you file the cheap one, it helps to understand what it actually buys, and what it does not. There are two separate registrations people lump together as an Illinois trademark. A state registration goes through the Illinois Secretary of State (Form TM/SM-15, under 765 ILCS 1036) and protects your name inside Illinois. A federal registration goes through the USPTO and protects it nationwide. They are not tiers of the same thing. They are different systems covering different ground.
General information to help you decide, not legal advice. Trademark rights can depend on how and where a mark is used, the goods or services involved, prior users, and other facts. Source: Illinois Secretary of State, Trademark and Servicemark. Secure Mark USA does not file Illinois state applications.
A federal registration goes through the USPTO Trademark Center (which replaced the older TEAS platform): nationwide protection, the (R) symbol, and a public federal record, for $350 per class. On current USPTO data, expect roughly 4.5 months to a first action and about 10 months to registration for a clean application, longer with a refusal, an Office Action, a suspension, or an opposition. Secure Mark USA prepares and files it for you from $99 plus the USPTO fee. Start with a free trademark search or read the complete U.S. registration guide.
Source: USPTO Trademarks Dashboard; USPTO, How much does it cost.
Run a free search. If the name is clear, we file your federal application from $99 plus USPTO fees.
Start my free searchNo. They are separate registrations covering different territory. $10 (Form TM/SM-15) protects a mark in Illinois; $350 per class protects it nationwide through the USPTO. Paying one does not get you the other.
If you are selling across state lines, federal is the registration that matches how your business operates. An Illinois only registration would not reach your out of state customers or competitors.
Five years, renewable. A federal registration lasts ten years per term.
Not directly. They are separate systems with separate records. A state registration is not a step toward a federal one.
Only after the USPTO registers your mark federally, roughly ten months for a straightforward application, sometimes longer.
USPTO: Trademark Basics, How much does it cost, Trademarks Dashboard.
Illinois: Secretary of State, Trademark and Servicemark.
Secure Mark USA: Free trademark search, Complete U.S. registration guide.