How Can I Obtain An Illinois State Trademark Registration? Trademark rights in the United States are based on use in the United States (this is not limited to Federal, as State trademarks exist, and “common law” use can qualify as a “poor-man's” trademark). To be eligible to seek a federal trademark registration, you have to be using your trademark or service mark with respect to interstate commerce.  While often there is a low threshold to prove interstate usage in commerce, it is also sometimes the case that your business simply does not extend beyond your home state.  In those instances, it is perfectly fine to seek a state trademark registration, so long as you are aware of the limitations of the same.  Each individual state in the United States has its own trademark register.  This article will focus on and deal with state trademark registration in Illinois, as that is where our office is located.