(765 ILCS 1036/75)
Forum for actions regarding registration; service
on out of state registrants.
(a) Actions to require cancellation of a mark registered
under this Act shall be brought in the circuit court. In an
action for cancellation, the Secretary shall not be made a party to
the proceeding but shall be notified of the filing of the complaint
by the clerk of the court in which it is filed and shall be given
the right to intervene in the action.
(b) Any action under this Section may be brought by any person
who believes he is or will be damaged by the registration
complained of. Such action shall be brought in the circuit court
for the county in which the registrant resides or has a regular and
established place of business, or has appointed an agent to receive
service, or if the registrant is a non-resident individual, or
foreign partnership, limited liability company, association or a
corporation not licensed to do business in this State, or cannot be
found in this State, in the Circuit Court that sits in the City of
Springfield and the County of Sangamon.
(1) When the agent appointed to receive process is
the Secretary of State, the Secretary of State shall forward notice of such action by registered mail to the registrant at his last address of record.
(2) Notice of any such action shall be transmitted by
the clerk of the court in which the action is brought to the Secretary of State who shall place such notice in the file of such registration with proper notations and endorsements.
(Source: P.A. 90-231, eff. 1-1-98.)