(765 ILCS 1036/15)
Sec. 15.
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 business address of the person applying
for the registration; and, if a corporation, the state of
incorporation, or if a partnership, the state in which the
partnership is organized and name of one of the general partners,
or if a limited liability company, the state in which the company
is organized;
(b) an appointment of the Secretary of State as agent
for service of process in any action relating only to the
registration which may be issued, if the applicant be, or shall
become a non-resident individual, or foreign partnership, limited
liability company, association, or corporation not licensed to do
business in this State, or cannot be found in this State;
(c) the goods or services on or in connection with
which the mark is used and the mode or manner in which the mark is
used on or in connection with such goods or services and class in
which such goods or services fall;
(d) the date when the mark was first used anywhere and
the date when it was first used in this State by the applicant or
a predecessor in interest; and
(e) a statement that the applicant is the owner of the
mark, that the mark is in use, and that to the knowledge of the
person verifying the application, no other person has registered
the mark, either federally or in this State, or has the right to
use the mark either in the identical form thereof or in such near
resemblance thereto as to be likely, when applied to the goods or
services of such other person, to cause confusion, or to cause
mistake, or to deceive.
The Secretary may also require a statement as to whether
an application to register the mark, or portions or a composite
thereof, has been filed by the applicant or a predecessor in
interest in the United States Patent and Trademark Office; and, if
so, the applicant shall provide full particulars with respect
thereto including the filing date and serial number of each
application, the status thereof and, if any application was finally
refused registration or has otherwise not resulted in a
registration, the reasons therefor.
The Secretary may also require that a drawing of the
mark, complying with such requirements as the Secretary may
specify, accompany the application.
The application shall be signed and verified (by oath,
affirmation, or declaration subject to perjury laws) by the
applicant or by a member of the firm or an officer of the
corporation or association applying.
The application shall be accompanied by 3 specimens
showing the mark as actually used.
The application shall be accompanied by the application fee of
$10 payable to the Secretary of State.
(Source: P.A. 90-231, eff. 1-1-98.)
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