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MILES ENFORCES NASCAR TRADEMARKS A trademark or service mark may be registered with the Office of the Secretary of State provided the mark meets all the requirements of the South Carolina Trademark and Service Mark statute (see the statute for details). Registration of a mark should be renewed every five years to keep it current. A mark must be in use prior to application for trademark or service mark registration. In the case of a trademark, the goods or products must be on sale in the marketplace in order for a mark to be eligible for trademark registration. For service marks, the registrant must be rendering services before registration with the Secretary of State. The South Carolina Secretary of State's Office registers trademarks and service marks within the state only. Nationwide trademark, copyright and patent information is available by calling the United States Department of Commerce at 1-800-786-9199. The Secretary of State also investigates counterfeit marks and fraudulent use of registered trademarks. Please contact our office with any information or complaints concerning these matters. PLEASE NOTE The acceptance of a trademark or service mark for registration by the Office of the Secretary of State provides the owner with a right to use such mark in the state of South Carolina on the goods and services identified in the registration application. However, the Office of the Secretary of State does not search other state or federal registrations, Internet domain names or other common law (unregistered users). Therefore, rights granted by the state registration may be affected or preempted by prior use or other registration of the mark. Registering a corporate name with the Secretary of State Division of Corporations does not provide automatic protection against another's use of such a corporate name. Further registration or clearance may be necessary to provide added means of protection. The Secretary of State also investigates counterfeit marks and fraudulent use of registered trademarks. Please contact our office with any information or complaints concerning these matters. To register a new mark you must:
To read the statute pertaining to Trademarks and Service Marks, follow the link below: Trademarks and Service Marks Governing Statute
Fees
FormsTo obtain the forms for Trademarks and Service Marks, follow the link below: |
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