Use IP laws in South Dakota to obtain a trademark

You can establish a trademark by either using the mark (word, name, phrase or design) or registering the mark through the registration process provided in SD intellectual property law. The court must often determine the rightful owner of a trademark when a dispute arises between two companies that use the mark without registering it and without the knowledge that someone else uses it. The term of a trademark lasts for as long as the mark is in use and you renew the mark registration as required. Like a patent, you must make sure that someone else has no claim the trademark you use and it is helpful to hire a South Dakota intellectual property lawyer to assist you with trademark registration.

I recommend: Go to the United States Patent and Trademark Office website and click on “search” to view the national trademark database. Visit the South Dakota Secretary of State website for further information on how to register a trademark in South Dakota. Search for a South Dakota intellectual property attorney by county and city on Justia.com.

Copyright your original work with SD intellectual property laws

Under South Dakota intellectual property laws, only the owner of the copyright can reproduce, distribute or transfer ownership to the public (through sale, rental, lease or lending), and perform or display the work publicly. South Dakota copyright law provides that authors who own a copyrighted work are free to give rights to others, but it is illegal for anyone to change or use those productions without the author's permission. Copyrights start at the time of initial authorship and last through the author's lifetime, plus an additional 50 years. To make sure your work has the best possible protection from plagiarism and reproduction, you should consult with an intellectual property attorney.

I recommend: For more information on copyrights, visit the United States Copyright Office website. Use the United States Patent and Trademark Office to search for registered USPTO intellectual property law firms in South Dakota. To assign copyright privileges to another individual, visit FindLegalForms.com to purchase and download a South Dakota Copyright Assignment.

Patent your invention through South Dakota intellectual property law

A patent gives you the right to exclude others from making, using or selling your invention. In order to have an invention worth patenting, it must be operative and useful. According to South Dakota patent law, while you may have a good idea, you must be able to show how it will work, through diagrams or prototypes, in order to obtain a patent for it. Before getting to deep in the invention process, it's important that you make sure there isn't a patent already out there for your idea. You should also hire a South Dakota intellectual property lawyer or patent agent to assist you in the patent registration process.

I recommend: Research the national patent registration database on the United States Patent and Trademark Office website. Locate a South Dakota intellectual property law firm on IntellectualPropertyLawFirms.com. Visit the South Dakota Governor’s Office of Economic Development for more information on intellectual property law in SD.