Illinois Compiled Statutes
ILCS Listing
Public
Acts Search
Guide
Disclaimer
Information maintained by the Legislative
Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
765 ILCS 1036/10
(765 ILCS 1036/10)
Sec. 10. Registrability. A mark by which the goods or services of an applicant for
registration may be distinguished from the goods or services of
others shall not be registered if it:
(a) consists of or comprises immoral, deceptive, or
scandalous matter; or
(b) consists of or comprises matter that may disparage
or falsely suggest a connection with persons, living or dead,
institutions, beliefs, or national symbols, or bring them into
contempt, or disrepute; or
(c) consists of or comprises the flag or coat of arms or
other insignia of the United States, or of any state or
municipality, or of any foreign nation, or any simulation thereof;
or
(d) consists of or comprises the name, signature or
portrait identifying a particular living individual, except by the
individual's written consent; or
(e) consists of a mark which: (1) when used on or in
connection with the goods or services of the applicant, is merely
descriptive or deceptively misdescriptive of them, or (2) when used
on or in connection with the goods or services of the applicant is
primarily geographically descriptive or deceptively misdescriptive
of them, or (3) is primarily merely a surname; however,
nothing in this subsection (e) shall prevent the registration
of a mark used by the applicant which has become distinctive of the
applicant's goods or services. The Secretary may accept as
evidence that the mark has become distinctive, as used on or in
connection with the applicant's goods or services, proof of
continuous use thereof as a mark by the applicant in this State for
the 5 years before the date on which the claim of
distinctiveness is made; or
(f) consists of or comprises a mark which so resembles
a mark registered in this State of a mark of tradename previously
used by another and not abandoned, as to be likely, when used on or
in connection with the goods or services of the applicant, to cause
confusion or mistake or to deceive; or
(g) without the consent of the United States Olympic Committee: (1) contains or consists of the symbol of the | | International Olympic Committee, consisting of 5 interlocking rings, or the symbol of the International Paralympic Committee;
|
| (2) contains or consists of the terms "Olympic",
| | "Olympiad", "Paralympic", "Paralympiad", "Citius Altius Fortius", or "Chicago 2016"; or
|
| (3) is substantially identical to any other mark or
| | trade name used by the International Olympic Committee, the International Paralympic Committee, the United States Olympic Committee, or Chicago 2016 or its successor organizing committee for the 2016 Olympic and Paralympic Games.
|
| (Source: P.A. 96-7, eff. 4-3-09.)
|
|
