Trademarks


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MILES ENFORCES NASCAR TRADEMARKS
Issues Warning to Peddlers of Fake Dale Earnhardt Merchandise

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:

  1. Complete an application.   

  2. Submit three identical specimens.

  3. Enclose the filing fee.

To read the statute pertaining to Trademarks and Service Marks, follow the link below:

Trademarks and Service Marks Governing Statute

 

Contacts:

Doug Renew (803) 734-1728

 

Fees

Original Trademark or Service Mark $15.00
Renewal of Trademark or Service Mark $5.00
Assignment of Trademark or Service Mark $3.00
Livestock Brands

$3.00

 

Forms

To obtain the forms for Trademarks and Service Marks, follow the link below:

Trademarks and Service Marks Forms

 

 

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Postal Address
P.O. Box 11350
Columbia, SC  29211
Physical Address
Edgar Brown Building
1205 Pendleton Street Suite 525
Columbia, SC 29201

 

PLEASE NOTE:  The information on this page is a brief synopsis and should not be construed as the governing   statute.  The information contained in this site is considered accurate at the time of publication. We try to update this site frequently but the information contained herein is subject to change or modification. If you have further questions, you may wish to consult the person given as the contact for the respective divisions. The information contained in this site is not a substitute for legal counsel. You may need to contact a private attorney if you need legal advice or assistance. If you discover any errors in this site, please let us know by e-mailing our  webmaster.