Any person desiring to avail himself of the benefits of this article may make application to the Secretary of State, and shall file with the Secretary a true copy and description of such identifying mark or brand, which, if entitled thereto under the provisions of this article shall be filed and recorded by the Secretary in a book to be provided and kept by him for that purpose and the name of the owner of such brand or mark shall be likewise entered into such record and the Secretary shall then assign or designate a permanent registered number to the owner of such brand or mark, such numbers to be assigned progressively as marks and brands are received and recorded. The registered number so assigned shall then become a part of the registered brand or mark and shall plainly and distinctly be made to appear on such field boxes, crates, receptacles and containers, together with the identifying mark or brand referred to in Section 39-15-410. The Secretary of State shall determine if such brand or mark so applied for is not a duplication of any brand or mark previously recorded by him or does not so closely resemble any such brand or mark as to be misleading or deceiving. If the brand or mark applied for does so resemble or is such a duplication of a previously recorded brand or mark as to be misleading or deceiving, the application shall be denied and the applicant may file some other brand or mark in the manner described above.
HISTORY: 1962 Code Section 66-222; 1952 Code Section 66-222; 1942 Code Section 6675-2; 1938 (40) 1769.
Structure South Carolina Code of Laws
Chapter 15 - Labels And Trademarks
Section 39-15-10. Use of marked beer, soda water, or mineral water containers.
Section 39-15-15. Requirements for labeling product as "peat"; penalties.
Section 39-15-20. Fraud in sale of goods marked "sterling".
Section 39-15-30. Fraud in sale of goods marked "coin" or "coin silver".
Section 39-15-410. Adoption and use of individual brands or marks.
Section 39-15-420. Registration of mark or brand with Secretary of State; registered number.
Section 39-15-430. Issuance of certificate; fees; admissibility of certificate as evidence.
Section 39-15-440. Transfer, release, or sale of brand or mark; records.
Section 39-15-450. Effect of use of brand or mark.
Section 39-15-480. Unauthorized possession of marked or branded containers.
Section 39-15-490. Effect of refusal to deliver containers to lawful owner.
Section 39-15-500. Taking or sending containers out of State without consent of owner.
Section 39-15-510. Situation in which article is inapplicable.
Section 39-15-520. Article is cumulative.
Section 39-15-710. Definitions.
Section 39-15-720. Authority to use trademark on timber.
Section 39-15-730. Purchaser's lien on branded timber.
Section 39-15-740. Loss of lien upon default in payments; removal of brand.
Section 39-15-750. Destruction of brand; removal or transfer of timber.
Section 39-15-910. Use of name or trade name in advertising.
Section 39-15-1105. Definitions.
Section 39-15-1110. Registration of distinguishing mark for goods or services; exceptions.
Section 39-15-1115. Registration of mark; required information.
Section 39-15-1120. Application, registration of mark, examination and amendment.
Section 39-15-1125. Certificate of registration; issuance; admissibility as evidence.
Section 39-15-1130. Effective period, registration of mark; renewal.
Section 39-15-1135. Mark and registration, assignment; change of name; recording.
Section 39-15-1140. Registered or renewed marks, public record.
Section 39-15-1145. Registration of mark, cancellation from register; conditions.
Section 39-15-1150. Goods and services, classification.
Section 39-15-1155. Fraudulent filing, registration of mark; liability.
Section 39-15-1160. Liability for unapproved use.
Section 39-15-1170. Action to enjoin counterfeit or imitation use of registered mark; damages.
Section 39-15-1180. Rights in marks not adversely affected by article.