How to Register a Trademark in South Dakota


The process of registering a trademark in South Dakota can be fairly simple. The law that governs trademarks and trade names makes it easier for you to do this by requiring fewer documents than most other states do. You can accomplish most of this paperwork through your own efforts or even hire someone else to handle it for you so that everything is completed properly from start to finish.

South Dakota is one of the easiest states in the United States to register a trademark. The application process is relatively simple, and you can even complete that process without the help of an attorney. It also helps if you want to make your trade name more secure, gain more credibility with potential customers and keep competitors from using your name for their purposes.

Need of the Trademark

You should begin by determining if your business needs a trademark at all. The money you plan on spending on your marketing plays a vital role in determining the need. This is to know whether or not there’s another business with a similar name that could cause confusion among consumers.

Although trademarks may be registered at the state level, it is usually much easier to avoid infringement issues by registering your trademark on a federal level. Federal registration gives you a better chance of protecting your rights across the country.

If you own a business, there’s a good chance that one of your goals is to protect your brand value. You’ll want to register it as a trademark so no one else can use it. Trademarks are registered at both state and federal levels, but federal registration is more secure and gives you wider benefits than just state protection. If someone tries to copy or use your trademark without permission, this will give you more legal options for resolving their infringement.

Search for Similar Trademarks

Your trademark just needs to be distinctive from other business names currently operating in South Dakota and it must not conflict with any other trademarks that are already on file with the state.

You can search for existing trademarks in South Dakota, but this is not a requirement.

If you find that another company already has an identical or similar trademark, you will need to do some research and make changes to your application before filing it with the state. It’s always best to hire an experienced attorney who specializes in this area of law.

Filing Fee for a Trademark

You will also need to complete an application form and provide a payment of $20. You should include relevant information about your company in this document. This information includes your name, address, and contact information as well as what services or products you are selling.

If you want a trademark that is more than just words (e.g., a logo), then you will need to attach a drawing or sample of the trademark with the registration paperwork.

Trademark from another State

If you have already registered a trademark in another state, you can send a copy to the Secretary of State. You will also need to send along with an application fee of $20 to register in South Dakota. This is one way to file for a South Dakota trademark quickly. It also avoids all the trouble of finding all of the paperwork that would otherwise be necessary for filing.

If you don’t have any other state registrations yet, don’t worry! You can still file for your trademark by filling out the information requested and paying the required fee.


If all of these steps seem overwhelming, don’t worry! Registering a Trademark is worth the time and money once you know the protection it brings for your brand.

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