How to Trademark a Business Name in South Carolina (2026)

Fact-checked by the LegalGlass editorial team against primary sources · Published Aug 6, 2026 · Last updated Aug 6, 2026

You can trademark a business name in South Carolina two ways: register federally with the USPTO for nationwide rights — the base application fee is $350 per class of goods or services — or register with the South Carolina Secretary of State for rights within the state. Only a federally registered mark may use the ® symbol.

Two Paths: Federal and State Registration

"Trademarking" a business name really means registering the name as a trademark or service mark — a source identifier for goods or services. There are two independent registers. Federal registration with the U.S. Patent and Trademark Office (USPTO) provides rights across the entire country and lets you use the registered symbol; it is the stronger, more durable protection. State registration with the South Carolina Secretary of State provides rights only within South Carolina and is generally faster and cheaper, but far narrower. For the big picture, see our trademark hub and the glossary.

Which path fits depends on your footprint. A business that sells only within South Carolina and has no plans to expand may find state registration adequate; a business selling online or across state lines almost always wants federal protection, because trademark rights are territorial and a state registration stops at the border. The two are not mutually exclusive — you can hold both — but for most growing companies the federal registration is the one that matters. Note that registering an LLC or a DBA does not give trademark rights; those are separate systems addressing separate things.

Symbols, Common-Law Rights, and What Registration Adds

Even without any registration, you get limited common-law trademark rights simply by using a distinctive name in commerce — but those rights are confined to your actual geographic market and are hard to enforce. You may put the ™ symbol next to any mark you claim, registered or not. The federal registration symbol, ®, is different: you may use it only after the USPTO has actually registered the mark. Using ® before registration is improper and can hurt you.

Registration adds real advantages over common-law use. A federal registration is legal notice of your claim nationwide, creates a presumption of ownership and validity, gives access to federal court, and can become "incontestable" over time. It also supports enforcement against later applicants and infringers. Because those benefits flow from getting the application right, the clearance search and the description of goods and services deserve real care before you file. Protecting your brand often goes hand in hand with protecting the business itself — keep your EIN and business tax records in order as you grow.

How to Register Federally, Step by Step

1. Run a clearance search. Search the USPTO Trademark Search database, the South Carolina register, and common-law sources (web, directories, social) to see whether a confusingly similar mark already exists for related goods or services.
2. Identify goods/services and classes. Describe exactly what the mark will be used on and classify it under the Nice classification. Fees are charged per class, so the number of classes drives your cost.
3. File in the USPTO Trademark Center. Submit the application online, pay the per-class fee, and choose a use-based or intent-to-use filing basis. Provide a specimen if you are already using the mark.
4. Respond and reach registration. A USPTO examining attorney reviews the application and may issue an office action you must answer. If the mark clears examination and the publication/opposition period, the USPTO issues a registration.
5. Maintain the registration. File the required maintenance documents on the USPTO's schedule to keep the registration alive; missing them can cancel it.

Timelines vary and can run many months, so file early relative to a launch. The current sequence and timeframes are described on the USPTO trademark process page.

The two filing bases deserve a closer look because they shape the whole process. A use-based application says the mark is already in commerce and requires a specimen — real-world evidence of the mark on your goods, packaging, or in the sale of services. An intent-to-use application lets you claim a filing date before you have started selling, which can be valuable for a name you are about to launch, but you must eventually prove actual use before the registration will issue. Choosing the wrong basis, or submitting a specimen that does not show trademark use, is one of the more common reasons applications stall. The strength of the mark itself also matters: coined or arbitrary names (think invented words) are the easiest to register and enforce, while descriptive names that merely describe the product are weak and may be refused without proof that consumers already associate the name with you.

Federal Fees and Classes

Trademark fees are charged per class of goods or services, so a mark used on both, say, clothing and retail services will cost more than a single-class filing. Under the USPTO fee restructuring that took effect January 18, 2025, the base application fee is $350 per class, with additional surcharges possible depending on how the application is completed (for example, for free-form identifications of goods or insufficient information). Because the exact charge depends on your filing choices and fees change over time, confirm the current amount on the USPTO fee page before you file rather than relying on a single quoted number.

Maintenance filings carry their own fees on their own schedule. Budgeting for a trademark therefore means planning for the application fee now and the maintenance fees later. If you are weighing brand costs against formation and operating costs, our South Carolina LLC cost guide puts the entity-side fees in one place, and the trademark hub compares the federal and state routes side by side.

One point that trips up new applicants: the fee is tied to classes, not to the number of products within a class. If everything you sell falls within a single Nice class, you pay for one class even if you list several items; if your goods and services span two classes, you pay for two. That is why writing a careful, accurate description of goods and services up front is not just a formality — it directly determines your cost and the scope of what you actually protect. Overreaching by claiming classes you do not truly use in commerce can expose the registration to later challenge, while claiming too narrowly can leave gaps a competitor could exploit.

Registering a State Trademark in South Carolina

If your use is limited to South Carolina, you can register the mark with the South Carolina Secretary of State (sos.sc.gov). State registration covers use within the state and is governed by the South Carolina Code, Title 39, Chapter 15. As with the federal filing, the mark must actually be used in connection with goods or services, and the application identifies those goods or services. For the exact state filing fee, consult the SC Secretary of State trademark fee schedule rather than relying on a figure that may be out of date.

State registration is a reasonable, lower-cost option for a strictly local business, but understand its ceiling: it does not provide nationwide rights, does not support the ® symbol, and does not carry the federal-court and presumption benefits of a USPTO registration. Many South Carolina owners register at the state level early and add a federal registration once they expand beyond the state. Verify your business name and status with the South Carolina business entity search, and if you have not formed an entity yet, start with articles of organization and a registered agent.

Frequently Asked Questions

Should I register a trademark federally or with South Carolina?

Federal registration with the USPTO gives nationwide rights and the right to use the registered symbol. State registration with the South Carolina Secretary of State only covers rights within South Carolina. Most businesses planning to grow choose federal registration.

How much is a federal trademark application?

Under the USPTO fee structure effective January 18, 2025, the base application fee is $350 per class, with possible surcharges. Because fees change and vary by filing details, confirm the current amount on the USPTO fee page before filing.

What is the difference between TM and the R symbol?

You can use the ™ symbol on any mark you claim, whether or not it is registered. The ® symbol may only be used once the USPTO has actually registered the mark. Using ® before registration is improper.

Do I need to use the mark before I can register it?

You can file based on actual use or on a bona fide intent to use the mark in commerce. Intent-to-use applications require you to show use later before the registration issues. Requirements are on the USPTO trademark process page.

What law governs trademarks in South Carolina?

Federal registration is governed by the Lanham Act, 15 U.S.C. 1051 and following. State registration is governed by the South Carolina Code, Title 39, Chapter 15. Common-law rights can also arise from use.

Related

• Trademark (cluster hub)
• What is a DBA?
• How to get an EIN
• How to form an LLC in South Carolina
• South Carolina business entity search
• DBA filing in South Carolina
• Business tax basics

Sources

1. USPTO — Trademark basics.
2. USPTO — Trademark process and timeline.
3. USPTO — Apply / Trademark Center.
4. USPTO — Search trademark database.
5. USPTO — Trademark fee information.
6. USPTO — Fee setting and adjustments (2025 restructuring).
7. USPTO — Maintaining a trademark registration.
8. USPTO — Trademark ID Manual (Nice classes).
9. South Carolina Secretary of State — Trademarks.
10. South Carolina Secretary of State — How to register a trademark (fees).
11. South Carolina Code of Laws — Title 39, Chapter 15 (Trademarks).
12. South Carolina Code — Title 39, Chapter 15 (Justia).
13. Cornell LII — 15 U.S.C. § 1051 (application for registration).
14. Cornell LII — 15 U.S.C. § 1052 (marks registrable / bars).
15. Cornell LII — 15 U.S.C. § 1127 (trademark definitions).

LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney. Trademark law is fact-specific and fees change; verify current requirements and fees with the USPTO and the South Carolina Secretary of State before acting.