Application For Registration Of A Trademark Or Service Mark Form - South Carolina Secretary Of State Page 2
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7A trademark is a word, name, symbol, or device and/or combination of these used by a person to identify and
distinguish the products or goods of that person from those manufactured and sold by others, and to indicate
the source of the goods, even if that source is unknown [S.C. Code of Laws §39-15-1105(9)].
A service mark is a word, name, symbol, or device and/or combination of these used by a person to identify and
distinguish the services provided by one person, including a unique service, from the services of others and to
indicate the source of the services. Titles, character names used by a person, and other distinctive features of
radio or television programs, motion pictures, newspapers, or magazines may be registered as service marks
notwithstanding that they or the programs may advertise the goods of the sponsor [S.C. Code of Laws §39-15-
1105(7)].
Part 2: Applicant Information and Mark
(1) Name of Applicant. The Applicant is the owner of the mark. The Applicant can be an individual, corporation, limited
liability company, partnership, association, or other person. Only one individual or business entity may be the
owner of a mark.
(2) Applicant’s principal place of business address. This does not have to be a South Carolina address.
(3) If the Applicant has a business address in South Carolina, enter that address here. If the address is the same as the
address in number 2, enter “same.” If the Applicant does not have a business address in South Carolina, enter
“none.”
(4) Check the box that corresponds to the type of Applicant. Your answer to question (4) must match the entity given
in answer to question (1). If the applicant is a corporation, partnership, or limited liability company, please enter the
state in which the entity was organized.
(5) Describe the mark. The description should include any wording and/or design elements if claimed. For example, if
you are registering a service mark that includes the company name with logo, your description should state the
company name and a complete description of the “look” of the logo. The description should include instructions on
the placement of the words with the logo. If you are registering a word mark only, simply provide the word(s) you
wish to register. The description you enter for question (5) must match exactly the mark as it appears on the
specimens you provide.
(6) Actual goods or services with which the mark will be used. For example, if you are submitting an application for a
logo that will be used on a line of clothing, you will state that the trademark will be used on “clothing.” If you are
submitting an application for a service mark for a plumbing service, you will state that the “service is a plumbing
service.”
(7) Mode or manner in which you will use the mark. If you are registering a trademark to be used on clothing, you may
wish to state that the “mark will be directly applied to the goods,” or that it will be “used on tags or labels attached
to the clothing.” If you are registering a service mark that is your business name, you may wish to state that the
mark will be used for “letterhead, business cards, advertising, pens, or Website.” Because trademarks and service
marks require separate applications, goods and services cannot be combined in answer to question (7). Goods and
products are classed as trademarks; services offered are classed as service marks.
(8) Class(es) in which the good/service falls. Please see the list of “Classes of Goods and Services” on page (4) of this
form. If you are registering a trademark, you will use the classes found in S.C. Code of Laws §39-15-1150(B). If you
are registering a service mark, you will use the classes found in S.C. Code of Laws §39-15-1150(C). Please note that
applicants selling clothing for profit should complete a trademark application, and applicants using clothing as
uniforms to indicate services provided should complete a service mark application. There will be a $15.00 fee for
each class that you indicate in this space. Since the applicant must submit separate applications for a trademark
and service mark, trademark and service mark classes cannot be combined in answer to question (8).
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