How to Register a Trademark in South Dakota?
If you want to trademark your logo, slogan or business name in South Dakota, you need to file an application with the Secretary of State’s office.
Trademark Registration in South Dakota
Before you can register a mark in South Dakota, the mark must be used on goods or services to cause confusion with another registered trademark. For example, if you start selling shoes that bear a close resemblance to an existing shoe company’s logo and color scheme, then you are likely infringing on their trademark rights.
When preparing your application for registration of a trademark, it is essential that you include as much detailed information about the product or service being offered as possible so that there is no confusion about what exactly you are offering. This will help prevent any potential legal issues down the road later on when it comes time to enforce your brand against copycats (or knockoffs).
Conduct a Trademark Search
Before you submit an application to the US Patent and Trademark Office, it’s important to conduct a trademark search. There are several ways you can do this:
Conduct a free search at the USPTO website. The office provides a comprehensive database of existing trademarks that you can search through.
Search for any similar trademarks in South Dakota using the state’s Secretary of State website. This will let you know if anyone else is using your proposed trademark in South Dakota or other states. If so, then consider changing your proposed mark so that it doesn't conflict with any other registered marks out there before continuing with your application process. Check whether there are similar brands already registered in other states by searching through those state databases as well (which will include trademark applications filed within the past five years).
File an Application
Once you have a trademark, you will need to file an application with the South Dakota Secretary of State. You can do this by mail or in person, but you should use a trademark attorney to help assist with the process if possible.
You'll be required to pay $200 for your application fee and then wait anywhere from six months to one year while they review it before getting your certificate of registration, which is good for 10 years (you can renew after that period).
Maintain Your Trademark Rights in South Dakota
Keep your trademark active: You need to keep your mark active by filing a Declaration of Use (Section 8 Affidavit) within 6 months of the fifth anniversary after registration. In addition, you must submit changes in ownership or address. Failure to timely file these documents will result in cancellation of the trademark registration
Defend against infringement: If someone infringes on your trademark rights, then you can sue them for what they owe you under federal law and state law as well. Do this by sending a cease-and-desist letter or filing suit with the court.
You can trademark your logo, slogan or business name by filing an application with the Secretary of State's office.
South Dakota does not require a formal registration process for marks that are used in interstate commerce – but it is still wise to file an application, because it establishes explicit rights in the mark and creates a record of use of the mark.
Trademarks are a valuable asset for businesses, and they can be protected by federal law or by state law. If you’re looking to trademark your logo, slogan or business name in South Dakota, then you should file an application with the Secretary of State's office.