Legal Question in Business Law in Illinois

Selecting a business name

Hi. After long deliberation I selected a business name for my new business. A search in Illinois tunrned up no other businesses by the same name. A federal trademark search turned up a trademark marked dead in 1996 when the company on the east coast failed to renew or extend the trademark. A google search turned up a book with this name in part of it's title and, eventually several businesses in other states in the same general business area - none of which represent themselves as national companies. The URL has been reserved but is under construction by yet another person for a new business in a southern state. This name really reflects the appropriate style and branding for my company - it is a twist on a popular phrase. Can I use it? Don't I only have to worry about businesses licensed in Illinois since I will only be operating in Illinois? What if I trademark the name for $300 with the federal government? Does that give me special rights. Will that help me later in the event of any legal battles? What if I add the word Chicago after the name? I spent a long time coming up with this name and don't want to let it go if it is legal for me to use it. Any advice you can give me would be much appreciated. Thanks!


Asked on 4/02/04, 4:45 pm

3 Answers from Attorneys
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Selecting a business name

You should consider a federal trademark filing based on your name, if it appears not to be preempted. Also, you don't state whether you intend to have a business website, but if you do, you are essentially national -- and indeed, worldwide -- as a result of doing so; hence, in my opinion, state trademark protection is becoming less and less useful to the average business (which does have some sort of web presence). Please see the intellectual property section of my website at http://incorporatecalifornia.com/inprop.html for trademark law and filings information and for my contact info. and fees, should you be interested in retaining me to assist you with this matter. Please note that I am based in California, but licensed to practice law in CA & Illinois. Regards,

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Answered on 4/04/04, 10:22 pm
John Pembroke John J. Pembroke & Associates LLC

Re: Selecting a business name

You have done sufficient research to benefit from a meeting with a trademark attorney. Usually, patent attorneys also cover this area, but not all trademark attorneys know patent law, nor do they need to.

You have figured out correctly that if you file for federal trademark protection, and begin using the trademark, you have priority over later users. However, just being "safe" in Illinois is not necessarily safe. National companies are legendary for intimidation of small, local organizations, with less money to fight.

YOu should talk to a trademark lawyer, and let that advice govern your actions. It will be well worth your investment, if you become successful with your choice of name.

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Answered on 4/02/04, 5:06 pm
Justin Lampel Lampel & Associates, P.C.

Re: Selecting a business name

You always want to be the first to file at the US Trademark Office if possible. having a registered trademark gives you certain rights, including, the right to expand nationally. these other businesses with similar or identical names you mentioned probably have common law rights to their marks in their areas. they may even have filed for state trademark protection for their marks. if you obtain federal registration of your mark you may be allowed to expand nationally in any area in which your competitors do not have common law or state rights. in terms of adding the word chicago to the mark, this may help you or may not (spoken like a true attorney). compared to what most businesses spend in marketing and other business expenses, filing for a federal trademark is a very cheap. any further questions, feel free to call me at (847)845-4345. hope this helped, justin lampel

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Answered on 4/02/04, 5:11 pm


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