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 only within the state. Nationwide trademark, copyright and patent information is available by calling the United States Department of Commerce Patent and Trademark Office 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.
Trademarks and Service Marks (S.C. Code Ann. §39-15-10 et seq.)
SC Secretary of State's Office
Attn: Trademarks Division
1205 Pendleton Street, Suite 525
Columbia, SC 29201