[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB0953enr
New Act
765 ILCS 1035/Act rep.
765 ILCS 1050/2.03 from Ch. 140, par. 122.3
Repeals the Trademark Registration Act. Creates the
Trademark Registration and Protection Act. Establishes
procedures for the registration of trademarks and
servicemarks with the Secretary of State. Provides that
registration shall be effective for 5 years and may be
renewed for successive 5 year periods. Authorizes civil
actions for infringement. Amends the Registered Container
Trade Mark Act to change a cross reference to refer to the
new Act. Effective January 1, 1998.
LRB9001251WHmgB
SB953 Enrolled LRB9001251WHmgB
1 AN ACT to provide for the registration and protection of
2 trademarks, servicemarks, and tradenames.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Trademark Registration and Protection Act.
7 Section 5. Definitions. In this Act:
8 (a) A mark shall be deemed to be "abandoned" when either
9 of the following occurs:
10 (1) When its use has been discontinued with intent
11 not to resume that use. Intent not to resume may be
12 inferred from circumstances. Nonuse for 2 consecutive
13 years shall constitute prima facie evidence of
14 abandonment.
15 (2) When any course of conduct of the owner,
16 including acts of omission as well as commission, causes
17 the mark to lose its significance as a mark.
18 (b) "Applicant" means the person filing an application
19 for registration of a mark under this Act, and the legal
20 representatives, successors, or assigns of that person.
21 (c) "Dilution" means the lessening of the capacity of a
22 famous mark to identify and distinguish goods or services,
23 regardless of the presence or absence of (1) competition
24 between the owner of the famous mark and other parties, or
25 (2) likelihood of confusion, mistake, or deception.
26 (d) "Mark" includes any trademark or servicemark
27 entitled to registration under this Act whether registered or
28 not.
29 (e) "Person" and any other word or term used to
30 designate the applicant or other party entitled to benefit or
31 privilege or rendered liable under the provisions of this Act
SB953 Enrolled -2- LRB9001251WHmgB
1 means a natural person as well as a firm, partnership,
2 corporation, union, association, or other organization
3 capable of suing and being sued in a court of law.
4 (f) "Registrant" means the person to whom the
5 registration of a mark is issued under this Act, and the
6 legal representatives, successors, or assigns of that person.
7 (g) "Secretary" means the Secretary of State of Illinois
8 or the designee of the Secretary charged with the
9 administration of this Act.
10 (h) "Servicemark" means any word, name, symbol, or
11 device or any combination thereof used by a person, to
12 identify and distinguish the services of one person,
13 including a unique service, from the services of others, and
14 to indicate the source of the services, even if that source
15 is unknown. Titles, character names used by a person, and
16 other distinctive features of radio or television programs
17 may be registered as servicemarks notwithstanding that they,
18 or the programs, may advertise the goods of the sponsor.
19 (i) "Trademark" means any word, name, symbol, or device
20 or any combination thereof used by a person to identify and
21 distinguish the goods of the person, including a unique
22 product, from those manufactured and sold by others, and to
23 indicate the source of the goods, even if that source is
24 unknown.
25 (j) "Tradename" means any name used by a person to
26 identify a business or vocation of the person.
27 (k) "Use" means the bona fide use of a mark in the
28 ordinary course of trade, and not made merely to reserve a
29 right in a mark. For the purposes of this Act, a mark shall
30 be deemed to be in use (1) on goods when it is placed in any
31 manner on the goods or their containers or the displays
32 associated therewith or on the tags or labels affixed
33 thereto, or if the nature of the goods makes such placement
34 impracticable, then on documents associated with the goods or
SB953 Enrolled -3- LRB9001251WHmgB
1 their sale, and the goods are sold or transported in commerce
2 in this State, and (2) on services when it is used or
3 displayed in the sale or advertising of services and the
4 services are rendered in this State.
5 Section 10. Registrability. A mark by which the goods or
6 services of an applicant for registration may be
7 distinguished from the goods or services of others shall not
8 be registered if it:
9 (a) consists of or comprises immoral, deceptive, or
10 scandalous matter; or
11 (b) consists of or comprises matter that may disparage
12 or falsely suggest a connection with persons, living or dead,
13 institutions, beliefs, or national symbols, or bring them
14 into contempt, or disrepute; or
15 (c) consists of or comprises the flag or coat of arms or
16 other insignia of the United States, or of any state or
17 municipality, or of any foreign nation, or any simulation
18 thereof; or
19 (d) consists of or comprises the name, signature or
20 portrait identifying a particular living individual, except
21 by the individual's written consent; or
22 (e) consists of a mark which: (1) when used on or in
23 connection with the goods or services of the applicant, is
24 merely descriptive or deceptively misdescriptive of them, or
25 (2) when used on or in connection with the goods or services
26 of the applicant is primarily geographically descriptive or
27 deceptively misdescriptive of them, or (3) is primarily
28 merely a surname; however, nothing in this subsection (e)
29 shall prevent the registration of a mark used by the
30 applicant which has become distinctive of the applicant's
31 goods or services. The Secretary may accept as evidence that
32 the mark has become distinctive, as used on or in connection
33 with the applicant's goods or services, proof of continuous
SB953 Enrolled -4- LRB9001251WHmgB
1 use thereof as a mark by the applicant in this State for the
2 5 years before the date on which the claim of distinctiveness
3 is made; or
4 (f) consists of or comprises a mark which so resembles a
5 mark registered in this State of a mark of tradename
6 previously used by another and not abandoned, as to be
7 likely, when used on or in connection with the goods or
8 services of the applicant, to cause confusion or mistake or
9 to deceive.
10 Section 15. Application for registration. Subject to the
11 limitations set forth in this Act, any person who uses a mark
12 may file in the office of the Secretary, on a form to be
13 furnished by the Secretary, an application for registration
14 of that mark setting forth, but not limited to the following
15 information:
16 (a) the name and business address of the person applying
17 for the registration; and, if a corporation, the state of
18 incorporation, or if a partnership, the state in which the
19 partnership is organized and name of one of the general
20 partners, or if a limited liability company, the state in
21 which the company is organized;
22 (b) an appointment of the Secretary of State as agent
23 for service of process in any action relating only to the
24 registration which may be issued, if the applicant be, or
25 shall become a non-resident individual, or foreign
26 partnership, limited liability company, association, or
27 corporation not licensed to do business in this State, or
28 cannot be found in this State;
29 (c) the goods or services on or in connection with which
30 the mark is used and the mode or manner in which the mark is
31 used on or in connection with such goods or services and
32 class in which such goods or services fall;
33 (d) the date when the mark was first used anywhere and
SB953 Enrolled -5- LRB9001251WHmgB
1 the date when it was first used in this State by the
2 applicant or a predecessor in interest; and
3 (e) a statement that the applicant is the owner of the
4 mark, that the mark is in use, and that to the knowledge of
5 the person verifying the application, no other person has
6 registered the mark, either federally or in this State, or
7 has the right to use the mark either in the identical form
8 thereof or in such near resemblance thereto as to be likely,
9 when applied to the goods or services of such other person,
10 to cause confusion, or to cause mistake, or to deceive.
11 The Secretary may also require a statement as to whether
12 an application to register the mark, or portions or a
13 composite thereof, has been filed by the applicant or a
14 predecessor in interest in the United States Patent and
15 Trademark Office; and, if so, the applicant shall provide
16 full particulars with respect thereto including the filing
17 date and serial number of each application, the status
18 thereof and, if any application was finally refused
19 registration or has otherwise not resulted in a registration,
20 the reasons therefor.
21 The Secretary may also require that a drawing of the
22 mark, complying with such requirements as the Secretary may
23 specify, accompany the application.
24 The application shall be signed and verified (by oath,
25 affirmation, or declaration subject to perjury laws) by the
26 applicant or by a member of the firm or an officer of the
27 corporation or association applying.
28 The application shall be accompanied by 3 specimens
29 showing the mark as actually used.
30 The application shall be accompanied by the application
31 fee of $10 payable to the Secretary of State.
32 Section 20. Filing of application.
33 (a) Upon the filing of an application for registration
SB953 Enrolled -6- LRB9001251WHmgB
1 and payment of the application fee, the Secretary may cause
2 the application to be examined for conformity with this Act.
3 (b) The applicant shall provide any additional pertinent
4 information requested by the Secretary including a
5 description of a design mark and may make, or authorize the
6 Secretary to make, such amendments to the application as may
7 be reasonably requested by the Secretary or deemed by
8 applicant to be advisable to respond to any rejection or
9 objection.
10 (c) The Secretary may require the applicant to disclaim
11 an unregisterable component of a mark otherwise registerable,
12 and an applicant may voluntarily disclaim a component of a
13 mark sought to be registered. No disclaimer shall prejudice
14 or affect the applicant's or registrant's rights then
15 existing or thereafter arising in the disclaimed matter, or
16 the applicant's or registrant's rights of registration on
17 another application if the disclaimed matter be or shall have
18 become distinctive of the applicant's or registrant's goods
19 or services.
20 (d) Amendments may be made by the Secretary upon the
21 application submitted by the applicant upon applicant's
22 agreement; or a fresh application may be required to be
23 submitted.
24 (e) If the applicant is found not to be entitled to
25 registration, the Secretary shall advise the applicant
26 thereof and of the reasons therefor. The applicant shall
27 have a reasonable period of time specified by the Secretary
28 in which to reply or to amend the application, in which event
29 the application shall then be reexamined. This procedure may
30 be repeated until (1) the Secretary finally refuses
31 registration of the mark or (2) the applicant fails to reply
32 or amend within the specified period, whereupon the
33 application shall be deemed to have been abandoned.
34 (f) All final decisions of the Secretary of State under
SB953 Enrolled -7- LRB9001251WHmgB
1 this Act shall be deemed to be administrative decisions and
2 subject to judicial review under the provisions of the
3 Administrative Review Law and the rules adopted pursuant
4 thereto.
5 (g) In the instance of applications concurrently being
6 processed by the Secretary seeking registration of the same
7 or confusingly similar marks for the same or related goods or
8 services, the Secretary shall grant priority to the
9 applications in order of filing. If a prior-filed
10 application is granted a registration, the other application
11 or applications shall then be rejected. Any rejected
12 applicant may bring an action for cancellation of the
13 registration upon grounds of prior or superior rights to the
14 mark, in accordance with the provisions of Section 45 of this
15 Act.
16 Section 25. Certificate of registration. Upon compliance
17 by the applicant with the requirements of this Act, the
18 Secretary shall cause a certificate of registration to be
19 issued and delivered to the applicant. The certificate of
20 registration shall be issued under the signature of the
21 Secretary and the Seal of the State, and it shall show the
22 name and business address and, if a corporation, the state of
23 incorporation, or if a partnership, the state in which the
24 partnership is organized and the name of one of the general
25 partners, or if a limited liability company, the state in
26 which the company is organized, of the person claiming
27 ownership of the mark, the date claimed for the first use of
28 the mark anywhere and the date claimed for the first use of
29 the mark in this State, the class of goods or services and a
30 description of the goods or services on or in connection with
31 which the mark is used, a reproduction of the mark, the
32 registration date and the term of the registration.
33 Any certificate of registration issued by the Secretary
SB953 Enrolled -8- LRB9001251WHmgB
1 under this Act or a copy thereof duly certified by the
2 Secretary shall be admissible in evidence as competent and
3 sufficient proof of the registration of a mark in any actions
4 or judicial proceedings in any court of this State.
5 Section 30. Duration and renewal. A registration of a
6 mark under this Act shall be effective for a term of 5 years
7 from the date of registration and, upon application filed
8 within 60 days before the expiration of the term, on a form
9 furnished by the Secretary, the registration may be renewed
10 for a like term from the end of the expiring term. A renewal
11 fee of $5, payable to the Secretary, shall accompany the
12 application for renewal of the registration.
13 A registration may be renewed for successive periods of 5
14 years in like manner.
15 Any registration in force on the effective date of this
16 Act shall continue in full force and effect for the unexpired
17 term of the registration and may be renewed by filing an
18 application for renewal with the Secretary complying with the
19 requirements of the Secretary and paying the renewal fee
20 within 60 days before the expiration of the registration.
21 All applications for renewal under this Act, whether of
22 registrations made under this Act or of registrations
23 effected under any prior Act, shall include a verified
24 statement that the mark has been and is still in use and
25 include 3 specimens showing actual use of the mark on or in
26 connection with the goods or services.
27 Section 35. Assignments, changes of name or address and
28 other instruments.
29 (a) Any mark and its registration under this Act shall
30 be assignable with the goodwill of the business in which the
31 mark is used, or with that part of the goodwill of the
32 business connected with the use of and symbolized by the
SB953 Enrolled -9- LRB9001251WHmgB
1 mark. Assignment shall be on a form furnished by the
2 Secretary and may be recorded with the Secretary upon the
3 payment of a recording fee of $5 payable to the Secretary
4 who, upon recording of the assignment, shall issue in the
5 name of the assignee a new certificate for the remainder of
6 the term of the registration or of the last renewal thereof.
7 An assignment of any registration under this Act shall be
8 void as against any subsequent purchaser for valuable
9 consideration without notice, unless it is recorded with the
10 Secretary within 3 months after the date thereof or prior to
11 such subsequent purchase.
12 (b) Any registrant or applicant effecting a change of
13 the name or address of the person to whom the mark was issued
14 or for whom an application was filed may record, on a form
15 furnished by the Secretary, a certificate of change of name
16 or address of the registrant or applicant with the Secretary
17 upon the payment of a recording fee of $5. The Secretary
18 may issue in the name of the assignee a certificate of
19 registration of an assigned application. The Secretary may
20 issue in the name of the assignee, a new certificate of
21 registration for the remainder of the term of the
22 registration or last renewal thereof.
23 (c) Other instruments which relate to a mark registered
24 or application pending pursuant to this Act, such as, by way
25 of example, licenses, security interests, or mortgages, may
26 be recorded in the discretion of the Secretary, provided that
27 instrument is in writing and duly executed.
28 (d) Acknowledgement shall be prima facie evidence of the
29 execution of an assignment or other instrument and when
30 recorded by the Secretary, the record shall be prima facie
31 evidence of execution.
32 Section 40. Records. The Secretary shall keep for public
33 examination a record of all marks registered or renewed under
SB953 Enrolled -10- LRB9001251WHmgB
1 this Act, as well as a record of all documents recorded
2 pursuant to Section 35.
3 The Secretary will provide a certified copy of any single
4 registration, or portion thereof, upon receiving a request in
5 writing for the copy and payment of a $5 fee, payable to the
6 Secretary.
7 Section 45. Cancellation. The Secretary shall cancel
8 from the register, in whole or in part:
9 (a) any registration concerning which the Secretary
10 shall receive a voluntary request for cancellation thereof
11 from the registrant or the assignee of record;
12 (b) all registrations granted under this Act and not
13 renewed in accordance with this Act;
14 (c) any registration concerning which the circuit court
15 shall find:
16 (1) that the registered mark has been abandoned,
17 (2) that the registrant is not the owner of the
18 mark,
19 (3) that the registration was granted improperly,
20 (4) that the registration was obtained
21 fraudulently,
22 (5) that the mark is or has become the generic name
23 for the goods or services, or a portion thereof, for
24 which it has been registered,
25 (6) that the registered mark is so similar, as to
26 be likely to cause confusion or mistake or to deceive, to
27 a mark registered by another person in the United States
28 Patent and Trademark Office prior to the date of the
29 filing of the application for registration by the
30 registrant hereunder, and not abandoned; however, should
31 the registrant prove that the registrant is the owner of
32 a concurrent registration of a mark in the United States
33 Patent and Trademark Office covering an area including
SB953 Enrolled -11- LRB9001251WHmgB
1 this State, the registration hereunder shall not be
2 cancelled for such area of the State; or
3 (d) when the circuit court shall order cancellation of a
4 registration on any ground.
5 The clerk of the court ordering the cancellation or
6 making any of the findings specified in subdivision (c) (3)
7 shall, when such judgment becomes final, transmit a certified
8 copy of the judgment to the Secretary of State.
9 Section 50. Classification. The Secretary shall by rule
10 establish a classification of goods and services for
11 convenience of administration of this Act, but not to limit
12 or extend the applicant's or registrant's rights, and a
13 single application for registration of a mark may include any
14 or all goods upon which, or services with which, the mark is
15 actually being used and which are comprised in a single
16 class. In no event shall a single application include goods
17 or services upon which the mark is being used and which fall
18 within different classes. To the extent practical, the
19 classification of goods and services should conform to the
20 classification adopted by the United States Patent and
21 Trademark Office.
22 Classification of Goods
23 Class Title
24 1 Chemicals
25 2 Paints
26 3 Cosmetics and cleaning preparations
27 4 Lubricants and fuels
28 5 Pharmaceuticals
29 6 Metal goods
30 7 Machinery
31 8 Hand tools
32 9 Electrical and scientific apparatus
33 10 Medical apparatus
SB953 Enrolled -12- LRB9001251WHmgB
1 11 Environmental control apparatus
2 12 Vehicles
3 13 Firearms
4 14 Jewelry
5 15 Musical Instruments
6 16 Paper goods and printed matter
7 17 Rubber goods
8 18 Leather goods
9 19 Non-metallic building materials
10 20 Furniture and articles not otherwise classified
11 21 Housewares and glass
12 22 Cordage and fibers
13 23 Yarns and threads
14 24 Fabrics
15 25 Clothing
16 26 Fancy goods
17 27 Floor coverings
18 28 Toys and sporting goods
19 29 Meats and processed foods
20 30 Staple foods
21 31 Natural agricultural products
22 32 Light beverages
23 33 Wine and spirits
24 34 Smoker's articles
25 35 Advertising and business
26 36 Insurance and financial
27 37 Building construction and repair
28 38 Telecommunications
29 39 Transportation and storage
30 40 Treatment of materials
31 41 Education and entertainment
32 42 Miscellaneous
33 Section 55. Fraudulent registration. Any person who
SB953 Enrolled -13- LRB9001251WHmgB
1 shall for himself or herself, or on behalf of any other
2 person, procure the filing or registration of any mark in the
3 office of the Secretary under this Act, by knowingly making
4 any false or fraudulent representation or declaration, orally
5 or in writing, or by any other fraudulent means, shall be
6 liable to pay all damages sustained in consequence of the
7 filing or registration, to be recovered by or on behalf of
8 the party injured thereby in any court of competent
9 jurisdiction.
10 Section 60. Infringement. Subject to the provisions of
11 Section 80 of this Act, a person shall be liable in a civil
12 action by the registrant for any and all of the remedies
13 provided in Section 70 of this Act if the person:
14 (a) uses, without the consent of the registrant, any
15 reproduction, counterfeit, copy, or colorable imitation of a
16 mark registered under this Act in connection with the sale,
17 distribution, offering for sale, or advertising of any goods
18 or services on or in connection with which such use is likely
19 to cause confusion or mistake or to deceive as to the source
20 of origin of such goods or services; or
21 (b) reproduces, counterfeits, copies, or colorably
22 imitates any such mark and applies such reproduction,
23 counterfeit, copy, or colorable imitation to labels, signs,
24 prints, packages, wrappers, receptacles, or advertisements
25 intended to be used upon or in connection with the sale or
26 other distribution in this State of such goods or services.
27 The registrant shall not be entitled to recover profits or
28 damages under this subdivision (b) unless the acts have been
29 committed with knowledge that such imitation is intended to
30 be used to cause confusion, or to cause mistake, or to
31 deceive.
32 Section 65. Injury to business reputation; dilution.
SB953 Enrolled -14- LRB9001251WHmgB
1 (a) The owner of a mark which is famous in this State
2 shall be entitled, subject to the principles of equity and
3 upon such terms as the court deems reasonable, to an
4 injunction against another person's commercial use of a mark
5 or tradename, if the use begins after the mark has become
6 famous and causes dilution of the distinctive quality of the
7 mark, and to obtain such other relief as is provided in this
8 Section. In determining whether a mark is distinctive and
9 famous, a court may consider factors such as, but not limited
10 to:
11 (1) the degree of inherent or acquired
12 distinctiveness of the mark in this State;
13 (2) the duration and extent of use of the mark in
14 connection with the goods and services with which the
15 mark is used;
16 (3) the duration and extent of advertising and
17 publicity of the mark in this State;
18 (4) the geographical extent of the trading area in
19 which the mark is used;
20 (5) the channels of trade for the goods or services
21 with which the mark is used;
22 (6) the degree of recognition of the mark in the
23 trading areas and channels of trade in this State used by
24 the mark's owner and the person against whom the
25 injunction is sought;
26 (7) the nature and extent of use of the same or
27 similar mark by third parties; and
28 (8) whether the mark is the subject of a State
29 registration in this State, or a federal registration
30 under the Act of March 3, 1881, or under the Act of
31 February 20, 1905, or on the principal register.
32 In an action brought under this Section, the owner of a
33 famous mark shall be entitled only to injunctive relief in
34 this State, unless the person against whom injunctive relief
SB953 Enrolled -15- LRB9001251WHmgB
1 is sought willfully intended to trade on the owner's
2 reputation or to cause dilution of the famous mark. If such
3 willful intent is proven, the owner shall also be entitled to
4 the remedies set forth in this Act, subject to the discretion
5 of the court and the principles of equity.
6 (b) The following are not actionable under this Section:
7 (1) Fair use of a famous mark by another person in
8 comparative commercial advertising or promotion to
9 identify the competing goods or services of the owner of
10 the famous mark.
11 (2) Noncommercial use of a mark.
12 (3) All forms of news reporting and news
13 commentary.
14 Section 70. Remedies. Any owner of a mark registered
15 under this Act may proceed by suit to enjoin the manufacture,
16 use, display or sale of any counterfeits or imitations
17 thereof and any court of competent jurisdiction may grant
18 injunctions to restrain such manufacture, use, display, or
19 sale as may be by the court deemed just and reasonable, and
20 may require the defendants to pay to such owner all profits
21 derived from or all damages suffered by reason of such
22 wrongful manufacture, use, display, or sale or both; and the
23 court may also order that any such counterfeits or imitations
24 in the possession or under the control of any defendant in
25 the case be delivered to an officer of the court, or to the
26 complainant, to be destroyed. The court in its discretion,
27 may enter judgment for an amount not to exceed 3 times the
28 profits and damages or reasonable attorneys' fees of the
29 prevailing party, or both, in those cases in which the court
30 finds the other party committed the wrongful acts with
31 knowledge or in bad faith or otherwise as according to the
32 circumstances of the case.
33 The enumeration of any right or remedy in this Act shall
SB953 Enrolled -16- LRB9001251WHmgB
1 not affect a registrant's right to prosecute under any penal
2 law of this State.
3 Section 75. Forum for actions regarding registration;
4 service on out of state registrants.
5 (a) Actions to require cancellation of a mark registered
6 under this Act shall be brought in the circuit court. In an
7 action for cancellation, the Secretary shall not be made a
8 party to the proceeding but shall be notified of the filing
9 of the complaint by the clerk of the court in which it is
10 filed and shall be given the right to intervene in the
11 action.
12 (b) Any action under this Section may be brought by any
13 person who believes he is or will be damaged by the
14 registration complained of. Such action shall be brought in
15 the circuit court for the county in which the registrant
16 resides or has a regular and established place of business,
17 or has appointed an agent to receive service, or if the
18 registrant is a non-resident individual, or foreign
19 partnership, limited liability company, association or a
20 corporation not licensed to do business in this State, or
21 cannot be found in this State, in the Circuit Court that sits
22 in the City of Springfield and the County of Sangamon.
23 (1) When the agent appointed to receive process is
24 the Secretary of State, the Secretary of State shall
25 forward notice of such action by registered mail to the
26 registrant at his last address of record.
27 (2) Notice of any such action shall be transmitted
28 by the clerk of the court in which the action is brought
29 to the Secretary of State who shall place such notice in
30 the file of such registration with proper notations and
31 endorsements.
32 Section 80. Common law rights. Nothing in this Act shall
SB953 Enrolled -17- LRB9001251WHmgB
1 adversely affect the rights or the enforcement of rights in
2 marks acquired in good faith at any time at common law.
3 Section 85. Severability. The provisions of the Act are
4 severable under Section 1.31 of the Statute on Statutes.
5 Section 90. Time of taking effect; conflicts with prior
6 Acts; intent of Act. This Act shall not affect any
7 application, suit, proceeding, or appeal then pending on its
8 effective date. Except in the case of an application, suit,
9 proceeding, or appeal pending on its effective date, this Act
10 shall control in any conflict between the provisions of this
11 Act and the provisions of any other Act relating to marks or
12 any other Act that conflicts with this Act. Any application,
13 suit, proceeding, or appeal pending at the time this Act
14 takes effect shall continue under the law under which that
15 application, suit, or appeal was initiated until final
16 determination.
17 The intent of this Act is to provide a system of State
18 trademark registration and protection substantially
19 consistent with the federal system of trademark registration
20 and protection under the Trademark Act of 1946, as amended.
21 To that end, the construction given the federal Act shall be
22 examined as persuasive authority for interpreting and
23 construing this Act.
24 (765 ILCS 1035/Act rep.)
25 Section 905. Repeal. The Trademark Registration Act is
26 repealed.
27 Section 910. The Registered Container Trade Mark Act is
28 amended by changing Section 2.03 as follows:
29 (765 ILCS 1050/2.03) (from Ch. 140, par. 122.3)
SB953 Enrolled -18- LRB9001251WHmgB
1 Sec. 2.03. "Trade mark" means any word, name, symbol,
2 picture, design or device registered with the Office of the
3 Secretary of State in accordance with the Trademark
4 Registration and Protection Act "An Act to provide for the
5 registration and protection of trade-marks, service marks and
6 trade names, approved July 11, 1955," which is filed as
7 provided in Section 3 of this Act and adopted and used by a
8 person to identify containers made, sold, produced or
9 distributed by him or with his authorization and which
10 distinguishes them from containers made, sold, produced or
11 distributed by others.
12 (Source: P.A. 80-1449.)
13 Section 999. Effective date. This Act takes effect
14 January 1, 1998.