Trademark Law

As you begin and also grow, it is almost inevitable that you will have to seek intellectual property law protections. They have fostered innovation as patents protect inventions, copyrights protect literary and musical work, and trademarks protect slogans and logos. While patents and copyrights are issued by the federal government, trademarks can be issued by state. In South Carolina, the Secretary of State’s Office registers and renews trademarks. Whether you are trying to protect your brand or defend your artwork, our firm is able and ready to assist you in protecting you fully.

This refers to “a word, phrase, symbol, and/or design that identifies and distinguishes the source of the good of one party from those of others.” Additionally, service marks are similar to trademarks, but instead of representing a good, it represents a source of services. However, both terms are traditionally referred to as the same. You can register yours with the United States Patent and Trademark Office, or you can register it within your state. While filing at the state level is less expensive, it only provides protection within your state.

In South Carolina, an application is $15.00, and you must include the following: (1) name of applicant; (2) applicant’s principal place of work address; (3) any South Carolina business addresses; (4) type of company formation; (5) description of the trademark; (6) a list of the goods or services with which it will be used; (7) mode or manner in which it will be used; (8) the class(es) in which the goods/services fall in; (9) date of first use; and (10) three specimens of the mark. Retaining an attorney to assist in your registration will help you understand the process and streamline your application.

Referring to “a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.” It is used to protect intellectual property including your literary, musical, dramatic, and artistic works. Registration is voluntary, however, if you seek to bring a lawsuit for infringement, you must register your work.

As today’s world becomes increasingly centered around technology, seeking protection is highly encouraged. The defense to an infringement is Fair Use, which is a legal doctrine that grants unlicensed use of material under certain circumstances. Section 107 of the Copyright Act identifies certain situations that permit use of protected material – such as “criticism, comment, news reporting, teaching, scholarship, and research” – as examples of activities that may qualify as fair use. However due to the ever-evolving, complex field of intellectual property law, it is advised that you seek a business attorney to assist you in registering or making a claim for infringement.

As another subset of intellectual property, this will “consist of information and can include a formula, pattern, compilation, program, device, method, technique or process.” Specifically, in order to be entitled to trade secret protection, the secret must be (1) used in a business and (2) give an economic advantage over other competitors involved in the same type of activity.

While this arose out of the United State’s ratification of the Agreement on Trade Related Aspects of Intellectual-property Rights, an international accord between World Trade Organization members, claims typically are handled in state court. In 2016, Congress passed the Defend Trade Secrets Act of 2016 which created a federal civil right of action for parties to remove their action to federal court. Here in SC, protections are codified in the South Carolina Code of Laws in Title 39: Trade and Commerce, Chapter 8: Trade Secrets. You might be entitled to recovery if a former employee or competitor misappropriated your information and obtained your trade secret improperly.