ILCS » Chapter 765 · Act 1036
Illinois Compiled Statutes

765 ILCS 1036/90 (2026)

Time of taking effect; conflicts with prior Acts; intent of Act

✓ current as of May 2026
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(765 ILCS 1036/90)
    Sec. 90. Time of taking effect; conflicts with prior Acts; intent of Act. This Act shall not affect any application, suit, proceeding, or appeal then pending on its effective date. Except in the case of an application, suit, proceeding, or appeal pending on its effective date, this Act shall control in any conflict between the provisions of this Act and the provisions of any other Act relating to marks or any other Act that conflicts with this Act. Any application, suit, proceeding, or appeal pending at the time this Act takes effect shall continue under the law under which that application, suit, or appeal was initiated until final determination.
    The intent of this Act is to provide a system of State trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. To that end, the construction given the federal Act shall be examined as persuasive authority for interpreting and construing this Act.
(Source: P.A. 90-231, eff. 1-1-98.)

    
Notes of Decisions
Cited in 2 cases, 1999–1999 · leading case: Planet Hollywood (Region IV), Inc. v. Hollywood Casino Corp., 80 F. Supp. 2d 815 (N.D. Ill. 1999).
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Planet Hollywood (Region IV), Inc. v. Hollywood Casino Corp., 80 F. Supp. 2d 815 (N.D. Ill. 1999). “” 765 ILCS 1036/90; see also Medic Alert Foundation United States, Inc.”
Medic Alert Found. United States, Inc. v. Corel Corp., 43 F. Supp. 2d 933 (N.D. Ill. 1999). “As the new statute does not affect suits already pending on its effective date, see 765 ILCS 1036/90, I examine Medic Alert’s claim under the old statute.”
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