How to Register a Trademark in South Carolina

Introduction

Trademark law is a means to protect your company’s brand and prevent others from using confusingly similar marks. To protect your brand from infringement, it’s important that you register your trademark.

Choose a Trademark

Before applying for a trademark, you need to make sure that no one else is using it. You can do this by searching the USPTO’s database of registered marks and other documents.

You also want to make sure that your proposed mark isn’t too similar to an existing mark. The best way to do this is by conducting research on competitors’ products and services. You can also do some Internet searches for existing trademarks that may be relevant.

Conduct a Trademark Search

To begin, conduct a trademark search. A trademark search will help determine whether or not your mark is available for registration by searching the USPTO database and state databases.

Prepare an Application for Registration

An application for registration of a trademark must contain the following:

• The exact wording of the mark.
• A drawing of the mark, if applicable.
• A statement of use for each item identified in the application as “goods” or “services,” unless you can show that your mark has been in continuous use for five years as an identifying symbol for those goods or services (in which case you can submit an affidavit attesting to this fact).

File a Trademark Application

The next step is to file a trademark application with the USPTO. In order to do this, you’ll need to fill out an application form that includes all of the required information, including:

• The name of your business;
• A description of what your business does;
• Your mailing address, email address, and phone number;
• Your signature and date.

Office Actions

If the USPTO finds any deficiencies in your application, they will send you an Office Action. This is a letter that lists all of the reasons why they think your logo doesn’t qualify as a trademark. You have six months to respond to each deficiency listed in this letter and correct it.

If you don’t respond within six months, there’s a chance that the USPTO will mark your application abandoned and cancel it automatically.

Maintain Your Trademark’s Registration

As a registered trademark owner, you should check the Trademark Register to make sure no one else has filed an application for your mark. You can do this by searching the Trademark Register online or viewing it in person at the USPTO office. Make sure that you keep documents related to trademark registration, such as advertisements and sales invoices that show when and where your goods were sold. You may also want to file a certificate of use with the USPTO, showing how often your logo is used on products or services provided by your business.

When a trademark owner wants to cancel their registration, they must file an affidavit stating why they want to cancel their registration (for example: due to changed circumstances). Even if they fail to file this affidavit within two years of the cancellation date (or six months after expiration), any cancellation would be retroactive only back two years from when it was requested—not six months before expiration—so there isn’t much incentive for anyone who makes goods under another company’s mark without permission from its owner not even bothers trying!

Conclusion

The application process for registering a trademark in South Carolina is relatively straightforward. You can get started by choosing a unique name. Later, conduct a search to determine if someone else already owns the mark. After that, it’s just a matter of filing an application. Once approved, you’ll be able to use the registered trademark symbol ® next to your brand name or slogan on packaging materials and advertising materials so everyone knows who owns what!