How to Register a Trademark in South Dakota (2026)
Reviewed by DocDraft Legal Team · South Dakota · Last updated August 12, 2026
A South Dakota trademark registration is filed with the South Dakota Secretary of State under SDCL Chapter 37-6 and protects a mark used within the state. The state fee is a flat $125 per application, and a South Dakota registration runs for an unusually short four years before it must be renewed. State registration is cheaper and faster than a federal filing, but it only reaches state borders, so businesses selling across state lines or online usually register federally with the USPTO instead. South Dakota also protects confidential business information under its Uniform Trade Secrets Act (SDCL Chapter 37-29) and a person's name and likeness under its right-of-publicity statute (SDCL Chapter 21-64).
How much does it cost to register a trademark in South Dakota?
The South Dakota Secretary of State charges a flat $125 filing fee for a trademark or service mark application. Unlike the federal USPTO, which charges $350 for each class of goods or services, South Dakota does not tier the state fee by class count. A separate $125 application is filed for a mark in a different class.
How long does a South Dakota state trademark last?
A South Dakota registration lasts only four years, one of the shortest state terms in the country. Most states use five or ten year terms, so South Dakota owners must diarize renewals more often. The Secretary of State lets you renew up to six months before the expiration date, and the renewal fee is also $125.
Should I register with South Dakota or file federally with the USPTO?
A South Dakota registration under SDCL Chapter 37-6 only protects your mark inside South Dakota. If you sell across state lines or online, a federal USPTO registration is the stronger choice because it gives nationwide priority and the right to use the registered symbol. A state filing suits a purely local South Dakota business.
What law governs trademarks in South Dakota?
State trademark and service mark registration is governed by South Dakota Codified Laws Chapter 37-6, administered by the Secretary of State. Federal registration is governed separately by the Lanham Act (15 U.S.C. 1051 et seq.). South Dakota also protects trade secrets under SDCL Chapter 37-29 and rights of publicity under SDCL Chapter 21-64.
Why South Dakota's four-year term stands out
South Dakota's most distinctive trademark feature is its short registration term. Where most states grant a five or ten year term, a mark registered with the South Dakota Secretary of State under SDCL Chapter 37-6 expires after just four years, renewable in four year cycles for the same $125 fee. The office allows renewal filings up to six months before expiration, so owners of South Dakota marks need a tighter calendar than owners in most other states. The state also keeps its fee structure simple, a single $125 charge for a new application, a renewal, or an assignment, rather than the per-class pricing used by the USPTO. Beyond registration, South Dakota adopted the Uniform Trade Secrets Act as SDCL Chapter 37-29, giving businesses a statutory remedy for misappropriation of confidential information, and in recent years enacted a standalone right-of-publicity statute at SDCL Chapter 21-64 that provides at least $1,000 in statutory damages for the unauthorized commercial use of a person's name, voice, image, or likeness while expressly displacing common-law misappropriation claims for personalities.
Relevant Laws
South Dakota Codified Laws, Chapter 37-6 (Trademark and Service Mark Protection)
The state statute governing registration of trademarks and service marks with the South Dakota Secretary of State, including the classes of goods and services and the renewal framework.
South Dakota Secretary of State - Trademark and Name Registration
The official Secretary of State page for filing a South Dakota trademark or service mark. Explains the flat $125 fee, the four-year term, renewal up to six months before expiration, and provides the application forms.
South Dakota Uniform Trade Secrets Act, SDCL Chapter 37-29
South Dakota's enactment of the Uniform Trade Secrets Act, providing civil remedies for the misappropriation of trade secrets, including damages and injunctive relief.
South Dakota Right of Publicity, SDCL Chapter 21-64
South Dakota's statutory right of publicity, prohibiting unauthorized commercial use of a person's name, voice, image, or likeness and providing at least $1,000 in statutory damages.
Regional Variances
South Dakota state registration vs. federal USPTO registration
South Dakota (Secretary of State, SDCL 37-6)
Protection inside South Dakota only. Flat $125 per application, one class per application, and an unusually short four-year term renewable every four years.
Federal (USPTO, Lanham Act)
Nationwide priority, the registered symbol, and federal-court enforcement. $350 per class, multiple classes allowed in one application, and a ten-year term renewable indefinitely.
Common law (use alone)
Rights arise automatically from use in South Dakota, limited to your actual trading area. Free, but no registration certificate and the hardest option to enforce.
Related South Dakota business-IP statutes
Trade secrets (SDCL 37-29)
South Dakota adopted the Uniform Trade Secrets Act, giving a civil remedy for misappropriation of confidential business information. No registration is required.
Right of publicity (SDCL 21-64)
A statutory right barring unauthorized commercial use of a person's name, voice, image, or likeness, with at least $1,000 in statutory damages and displacement of common-law personality claims.
Renewal timing quirk
Because the South Dakota term is only four years, the Secretary of State opens renewal filings up to six months before expiration, so owners must track deadlines more closely than in most states.
Suggested Compliance Checklist
Confirm South Dakota use and search for conflicts
Before filing days after startingVerify the mark is in actual use in South Dakota, then search Secretary of State business records and the USPTO database for conflicting marks on related goods or services.
Assign your mark to a single class
Before filing days after startingIdentify the correct class under SDCL Chapter 37-6. A South Dakota application covers one class only, so plan a separate $125 application for each additional class.
Prepare the Application for New Trademark
Before filing days after startingComplete the Secretary of State new-trademark form with owner details, the mark, the class, goods or services, dates of first use, and a specimen showing actual use.
File with the South Dakota Secretary of State
When ready days after startingSubmit the application to the Secretary of State with the flat $125 fee to obtain a four-year South Dakota registration under SDCL Chapter 37-6.
Calendar the four-year renewal deadline
Within 4 years; renew up to 6 months early days after startingBecause the South Dakota term is only four years, diarize the expiration date and file the renewal ($125) with the Secretary of State up to six months before it lapses.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm South Dakota use and search for conflicts | Verify the mark is in actual use in South Dakota, then search Secretary of State business records and the USPTO database for conflicting marks on related goods or services. | - | Before filing |
| Assign your mark to a single class | Identify the correct class under SDCL Chapter 37-6. A South Dakota application covers one class only, so plan a separate $125 application for each additional class. | - | Before filing |
| Prepare the Application for New Trademark | Complete the Secretary of State new-trademark form with owner details, the mark, the class, goods or services, dates of first use, and a specimen showing actual use. | trademark-application | Before filing |
| File with the South Dakota Secretary of State | Submit the application to the Secretary of State with the flat $125 fee to obtain a four-year South Dakota registration under SDCL Chapter 37-6. | - | When ready |
| Calendar the four-year renewal deadline | Because the South Dakota term is only four years, diarize the expiration date and file the renewal ($125) with the Secretary of State up to six months before it lapses. | - | Within 4 years; renew up to 6 months early |
Frequently Asked Questions
You file with the South Dakota Secretary of State, Business Services division, which administers trademark and service mark registration under SDCL Chapter 37-6. The office provides an Application for New Trademark, a renewal application, and an assignment form. The state registration is separate from a federal USPTO filing.
No. A single South Dakota application may not include goods or services that fall in different classes. If your mark is used across more than one class, you file a separate application, with its own $125 fee, for each class. This differs from a federal USPTO application, which can list multiple classes in one filing.
That is simply how SDCL Chapter 37-6 sets the term. Four years is unusually short compared with the five or ten year terms most states and the federal system use. The practical effect is that South Dakota owners must renew more frequently, and should track the expiration date closely since renewal opens six months before it.
Yes. South Dakota adopted the Uniform Trade Secrets Act, codified at SDCL Chapter 37-29. It lets a business sue for misappropriation of a trade secret and recover damages, and in some cases an injunction and attorney fees. Protecting a trade secret does not require any registration, unlike a trademark.
Yes. South Dakota has a statutory right of publicity at SDCL Chapter 21-64 that bars the unauthorized commercial use of a person's name, voice, signature, image, or likeness and provides at least $1,000 in statutory damages. The statute expressly displaces common-law misappropriation claims for personalities and exempts news and other protected uses.
Other South Dakota guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.