How to Register a Trademark in South Carolina (2026)
Reviewed by DocDraft Legal Team · South Carolina · Last updated August 12, 2026
A South Carolina trademark or service mark is registered with the South Carolina Secretary of State under the state Trademarks and Service Marks Act, S.C. Code 39-15-1110 et seq. The state fee is $15 per class of goods or services, and a registration lasts five years before it must be renewed. A South Carolina registration only protects the mark inside the state, so businesses selling across state lines usually file federally with the USPTO for nationwide rights. The Secretary of State launched an online trademark registration system in January 2026, replacing paper-only filing for many applicants.
How much does a trademark registration cost in South Carolina?
The South Carolina Secretary of State charges $15 per class of goods or services for a new trademark or service mark application. A mark that covers items in three classes therefore costs $45. This state fee is far lower than the USPTO's $350-per-class federal fee, but a South Carolina registration only protects your mark within the state.
How long does a South Carolina trademark registration last?
A South Carolina registration is effective for five years from the date of registration under S.C. Code 39-15-1130. You may renew for successive five-year periods by filing a renewal, with a verified statement of continued use and a specimen, within the six months before the current term expires. Federal USPTO registrations, by contrast, run in ten-year terms.
Should I register with the South Carolina Secretary of State or the USPTO?
Register federally with the USPTO if you sell across state lines or online, because that gives nationwide priority and the right to use the registered mark symbol. A South Carolina Secretary of State registration is cheaper at $15 per class and useful for a purely local business, but it cannot stop use in other states.
Can I file a South Carolina trademark application online?
Yes. The South Carolina Secretary of State launched an online trademark registration system in January 2026, so many applicants can now file, renew, and search electronically rather than mailing paper forms. You still need to show actual use of the mark in South Carolina and provide a specimen before the state will register it.
South Carolina's Trademarks and Service Marks Act and its move online
South Carolina's current trademark law is the Trademarks and Service Marks Act, enacted in 1993 and codified at S.C. Code 39-15-1110 et seq. It follows the Model State Trademark Bill, so its likelihood-of-confusion standard and classification scheme track federal practice, which makes state and USPTO filings feel familiar to each other. Registration is handled by the Secretary of State's office rather than a separate trademark board. Two features stand out for South Carolina. First, the state term is only five years, shorter than the ten-year federal term, and renewal requires a verified statement that the mark is still in use plus a specimen, so a mark that has gone dormant cannot simply be renewed on paper. Second, in January 2026 the Secretary of State launched an online trademark registration system, modernizing a process that had been paper-driven and letting filers search existing state marks before they apply. The state fee remains a modest $15 per class, among the lowest state trademark fees in the country.
Relevant Laws
South Carolina Trademarks and Service Marks Act, S.C. Code 39-15-1110 et seq.
The state statute governing registration of trademarks and service marks with the Secretary of State, including classification, the five-year term and renewal rules in 39-15-1130, and remedies for infringement.
South Carolina Secretary of State: Trademarks
The official Secretary of State trademark filing page, with the $15-per-class fee, application forms, and the online registration system launched in January 2026.
South Carolina Trade Secrets Act, S.C. Code 39-8-10 et seq.
South Carolina's trade secret statute, based on the Uniform Trade Secrets Act with state-specific modifications addressing employment relationships and protection of secrets during litigation.
Lanham Act (Trademark Act of 1946), 15 U.S.C. 1051 et seq.
The federal trademark statute administered by the USPTO. It provides nationwide protection and the registered mark symbol, which a South Carolina state registration cannot.
Regional Variances
South Carolina state registration vs. federal and common law
South Carolina Secretary of State (S.C. Code 39-15-1110 et seq.)
$15 per class. Protection inside South Carolina only. Five-year term, renewable for successive five-year periods with proof of continued use. Requires actual use in the state plus a specimen.
Federal (USPTO, Lanham Act)
$350 per class. Nationwide priority, the registered mark symbol, and federal-court enforcement. Ten-year term, renewable indefinitely. The right choice for interstate or online sellers.
Common law (use alone)
Rights arise from use in the actual trading area, no filing or fee. Hardest to enforce and no registered mark symbol. In South Carolina these unregistered rights coexist with state and federal registration.
How South Carolina handles related IP and identity rights
Trade secrets: SC Trade Secrets Act (39-8-10 et seq.)
South Carolina adopted a modified Uniform Trade Secrets Act in 1992, with distinctive provisions on the employer-employee relationship and on protecting secrets during court proceedings.
Right of publicity: common law only
South Carolina has no publicity statute. Courts protect name, likeness, and identity through common law invasion-of-privacy doctrine, treating identity as a property right that survives death.
Renewal cadence: five years, not ten
A South Carolina mark expires after five years and needs a verified use statement and specimen to renew, a shorter and more use-focused cycle than the federal ten-year term.
Suggested Compliance Checklist
Confirm actual use of the mark in South Carolina
Before filing days after startingState registration under S.C. Code 39-15-1110 et seq. requires actual use in South Carolina, not intent to use. Verify the mark is on your goods, packaging, or service materials and gather a specimen.
Search South Carolina and federal trademark records
Before filing days after startingSearch the Secretary of State's records via the online system launched in January 2026, plus the USPTO database, for confusingly similar marks that could block your South Carolina application.
Assign your goods and services to classes
Before filing days after startingList exactly what you sell and assign each item to its international class. The $15-per-class South Carolina fee depends on the count, so confirm classes before you pay.
File the South Carolina trademark application
When ready days after startingSubmit the Secretary of State trademark or service mark application, online or by mail, with the owner details, mark, classes, date of first use, specimen, and $15-per-class fee.
Calendar the five-year renewal
Within 6 months before the 5-year expiration days after startingA South Carolina registration lasts five years under S.C. Code 39-15-1130. Renew within the six months before expiration with a verified statement of continued use and a current specimen.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use of the mark in South Carolina | State registration under S.C. Code 39-15-1110 et seq. requires actual use in South Carolina, not intent to use. Verify the mark is on your goods, packaging, or service materials and gather a specimen. | - | Before filing |
| Search South Carolina and federal trademark records | Search the Secretary of State's records via the online system launched in January 2026, plus the USPTO database, for confusingly similar marks that could block your South Carolina application. | - | Before filing |
| Assign your goods and services to classes | List exactly what you sell and assign each item to its international class. The $15-per-class South Carolina fee depends on the count, so confirm classes before you pay. | - | Before filing |
| File the South Carolina trademark application | Submit the Secretary of State trademark or service mark application, online or by mail, with the owner details, mark, classes, date of first use, specimen, and $15-per-class fee. | trademark-application | When ready |
| Calendar the five-year renewal | A South Carolina registration lasts five years under S.C. Code 39-15-1130. Renew within the six months before expiration with a verified statement of continued use and a current specimen. | - | Within 6 months before the 5-year expiration |
Frequently Asked Questions
South Carolina trademark and service mark registration is governed by the Trademarks and Service Marks Act, S.C. Code 39-15-1110 et seq., enacted in 1993 and administered by the Secretary of State. It follows the Model State Trademark Bill, so its standards for registration and for likelihood of confusion closely track federal trademark law under the Lanham Act.
No. A registration with the South Carolina Secretary of State only gives you rights within South Carolina. It does not provide nationwide priority and cannot stop someone from using a similar mark in another state. For protection across state lines or online, you need a federal registration from the USPTO, which costs $350 per class.
Yes. The South Carolina Trade Secrets Act, S.C. Code 39-8-10 et seq., enacted in 1992, protects confidential business information such as formulas, methods, and customer data. The act is based on the Uniform Trade Secrets Act but includes South Carolina modifications, notably provisions addressing the employer-employee relationship and protection of trade secrets during court proceedings.
No. South Carolina has no right of publicity statute. Instead, its courts recognize a common law right, protecting a person's name, likeness, or identity from unauthorized commercial use as part of invasion-of-privacy law. The South Carolina Supreme Court has treated the right to control one's identity as a property right that is transferable and survives death.
Every five years. Unlike the ten-year federal term, a South Carolina registration under S.C. Code 39-15-1130 lasts five years and must be renewed within the six months before it expires. Each renewal requires a verified statement that the mark is still in use in South Carolina along with a specimen, and successive five-year renewals are permitted.
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