STATE OF SOUTH CAROLINA APPLICATION FOR REGISTRATION OF A TRADEMARK OR SERVICE MARK
Original: $15 per mark, per class Renewal: $5 Assignment: $3 Check one: [ ] Trademark or [ ] Service Mark
Name of Applicant:
Applicant's principal place of business address:
3. Applicant's place of business address in South Carolina, if any:
4. Applicant is: [ ] an individual or sole proprietor [ ] a corporation duly organized under the laws of the State of [ ] a partnership duly organized under the laws of the State of Names of General Partners: [ ] a Limited Liability Company duly organized under the laws of the State of [ ] other 5. Describe the mark, including any literal and/or design elements if claimed:
6. The actual goods or services in connection with which the mark is used (i.e., shoe laces, cat food, heating repair services, baby-sitting services, etc.):
7. The mode or manner in which the mark is used (i.e., labels, advertisements, brochures, etc.):
8. The class(es) in which the goods or services fall (see attached):
9. The mark, with respect to the goods or services identified above, was first used by applicant or predecessor in interest as follows (include month, day, and year): Date of first use anywhere: Date of first use in South Carolina:
10. Has the applicant, or any predecessor in interest, ever filed an application to register the mark or portions of the mark or a composite of the mark with the United States Patent and Trademark Office? [ ] YES [ ] NO
If you answered "YES", please provide the full particulars including the filing date, serial number and status of each application. If an application was finally refused registration or has otherwise not resulted in registration, please state the reason for this:
11. Please enclose three (3) original, identical specimens showing the mark as actually used.
DECLARATION OF OWNERSHIP Applicant herewith declares that he/she has read the above and foregoing application and knows the contents thereof and that the facts set out herein are true and correct, that the three specimens of the mark submitted are true and correct, that the applicant is the owner of the mark, and that the mark is in use. Additionally, to knowledge of the person verifying this application, no other person has registered this mark either federally or in this State, or has the right to use this mark in its identical form or in near resemblance as to be likely, when applied to the goods or services of another person, to cause confusion or to cause mistake or to deceive.
Sworn to and subscribed before me
this ______ day of
____________________________ Notary Public of South Carolina My Commission Expires: ________
THE ACCEPTANCE OF A TRADEMARK OR SERVICE MARK FOR REGISTRATION BY THE OFFICE OF THE SECRETARY OF STATE PROVIDES THE OWNER WITH A RIGHT TO USE SUCH MARK IN THE STATE OF SOUTH CAROLINA ON THE GOODS AND SERVICES IDENTIFIED IN THE REGISTRATION APPLICATION. HOWEVER, THE OFFICE OF THE SECRETARY OF STATE DOES NOT SEARCH OTHER STATE OR FEDERAL REGISTRATIONS, INTERNET DOMAIN NAMES OR OTHER COMMON LAW (UNREGISTERED) USERS, THEREFORE, RIGHTS GRANTED BY THIS REGISTRATION MAY BE AFFECTED OR PREEMPTED BY PRIOR USE OR OTHER REGISTRATION OF THE MARK.
Form Revised by South Carolina Secretary of State, June 2004
MAIL TO: Secretary of State P.O. Box 11350 Columbia, SC 29211
The term "mark" includes a trademark or service mark entitled to registration. The term "trademark" means any word, name, symbol, or device or any combination of these used by a person to identify and distinguish goods of that person, including a unique product, from those manufactured and sold by others and to indicate the source of the goods, even if that source is unknown. The term "service mark" means a word, name, symbol, or device or any combination of these used by a person to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if the source is unknown. Titles, character names used by a person, and other distinctive features of radio or television programs, motion picture(s), newspapers, or magazines may be registered as service marks notwithstanding that they or the programs, may advertise the goods of the sponsor.
CLASSES OF GOODS AND SERVICES
Section 39-15-1150 of the 1976 South Carolina Code of Laws: The general classification of goods and services provided for in subsections (B) and (C) are established for convenience of administration of this article but does not limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include goods upon which or services with which the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the secretary may require payment of a fee for each class. To the extent practical, the classification of goods and services shall conform to the classification adopted by the United State Patent and Trademark Office. (B) The following is the international schedule of classes of goods: (1) chemical products used in industry, science, photography, agriculture, horticulture, forestry; artificial and synthetic resins; plastics in the form of powders, liquids, or pastes for industrial use; manure (natural and artificial); fire extinguishing composition; tempering substances for preserving foodstuffs, tanning substances, adhesive substances used in industry; (2) paints, varnishes, lacquers; preservatives against rust and against deterioration of wood, coloring matters, dyestuffs, mordant, natural resins; metals in foil powder form for painters and decorators; (3) bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions; dentifrice; (4) industrial oils and greases (other than oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels (including motor spirit) and illuminants; candles, tapers, night lights, and wicks; (5) pharmaceutical, veterinary, and sanitary substances; infants' and invalids' foods; plasters, material for bandaging; material for stopping teeth, dental wax, disinfectants; preparations for killing weeds and destroying vermin; (6) unwrought and partly wrought common metals and their alloys, anchors, anvils, bells, rolled and cast building materials, rails and other metallic materials for railway tracks, chains (except driving chains for vehicles), cables and wires (nonelectric), locksmiths' work; metallic pipes and tubes; safes and cash boxes, steel balls; horseshoes; nails and screws; other goods in nonprecious metal not included in other classes; ores; (7) machines and machine tools; motors (except for land vehicles); machine couplings and belting (except for land vehicles); large size agricultural implements, incubators; (8) hand tools and instruments; cutlery, forks, and spoons, side arms; (9) scientific, nautical, surveying and electrical apparatus and instruments (including wireless), photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving and teaching apparatus and instruments; coin or counterfreed apparatus; talking machines; cash registers; calculating machines; fire extinguishing apparatus;
(10) surgical, medical, dental, and veterinary instruments and apparatus (including artificial limbs, eyes and teeth); (11) installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes; (12) vehicles; apparatus for locomotion by land, air, or water; (13) firearms; ammunition and projectiles; explosive substances; fireworks; (14) precious metals and their alloys and goods in precious metals or coated therewith (except cutlery, forks, and spoons); jewelry, precious stones, horological and other chronometric instruments; (15) musical instruments (other than talking machines and wireless apparatus); (16) paper and paper articles, cardboard and cardboard articles; printed matter, newspaper and periodicals, books; bookbinding material; photographs; stationery, adhesive materials ( stationery); artists' materials; paint brushes; typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; printers' type and cliches (stereotype); (17) gutta percha, india rubber, balata and substitutes, articles made from these substances and not included in other classes; plastics in the form of sheets, blocks and rods, being for use in manufacture, materials for packing, stopping or insulating; asbestos, mica and their products; hose pipes (nonmetallic); (18) leather and imitations of leather, and articles made from these materials and not included in other classes; skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery; (19) building materials, natural and artificial stone, cement, lime mortar, plaster and gravel; pipes of earthenware or cement; roadmaking materials; asphalt, pitch and bitumen, portable buildings; stone monuments; chimney pots; (20) furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-or-pearl, meerschaum, celluloid, substitutes for all these materials, or of plastics; (21) small domestic utensils and containers (not of precious metals, or coated therewith); combs and sponges, brushes (other than paint brushes); brushmaking materials, instruments and material for cleaning purposes, steel wool; unworked or semi-worked glass (excluding glass used in building); glassware, porcelain and earthenware, not included in other classes; (22) ropes, string, nets, tents, awnings, tarpaulins sails, sacks, padding and stuffing materials (hair, kapok, feathers, seaweed, etc.); raw fibrous textile materials; (23) yarns, threads; (24) tissues (piece goods); bed and table covers; textile articles not included in other classes; (25) clothing (including boots, shoes, and slippers); (26) lace and embroidery, ribands, and braid; buttons, press buttons, hooks, dyes, pins and needles; artificial flowers; (27) carpets, rugs, mats, and matting; linoleum and other materials for covering existing floors; wall hangings (nontextile); (28) games and playthings; gymnastic and sporting articles (except clothing); ornaments and decorations for Christmas tree: (29) meats, fish, poultry, and games; meat extracts; preserved, dried, and cooked fruits and vegetables; jellies, jams; eggs, milk, and other diary products; edible oils and fats; preserves, pickles; (30) coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour and preparaton made from cereal; bread, biscuits, cakes, pastry, and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard, pepper, vinegar, sauces, spices; ice; (31) agricultural, horticultural, and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; foodstuffs for animals, malt; (32) beer, ale, and porter; mineral and aerated waters and other nonalcoholic drinks; syrups and other preparations for making beverages; (33) wines, spirits, and liqueurs; (34) tobacco, raw, or manufactures; smokers' articles; matches.
(C) The following is the international schedule of classes of services: (1) (2) (3) (4) advertising and business; insurance and financial; construction and repair; communication;
(5) (6) (7) (8)
transportation and storage; material treatment; education and entertainment; miscellaneous.
Form Revised by South Carolina Secretary of State, January 2000