reglab/housing_qa huggingface dataset:
SC Code § 39-15-750 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-750. Destruction of brand or removal or transfer of timber.

 The owner of such timber or any other person who shall cut out or off, obliterate or in any manner deface or destroy the brand of the purchaser or owner upon such timber or who shall injure, remove, secrete, take, receive or attempt to sell or purchase such timber so long as such brand lawfully remains thereon shall be guilty of a misdemeanor and, upon conviction thereof, shall be imprisoned for a term of not less than thirty days nor more than three years and be fined not less than one hundred dollars nor more than three thousand dollars, either or both.  HISTORY: 1962 Code Section 66-245; 1952 Code Section 66-245; 1942 Code Section 1250; 1932 Code Section 1250; 1925 (34) 27.
SC Code § 39-15-910 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-910. Regulation of use of name or trade name in advertising, soliciting and the like.

 Household goods carriers in intrastate commerce shall not use any name in the advertising, soliciting or handling of intrastate business other than the name or trade name in which their operating authority is issued from the Public Service Commission. The printed advertising shall also include the certificate or docket number issued to the carrier by the commission.  If such carrier uses joint advertising with a national carrier with which it has an affiliation, the advertising shall state clearly that all intrastate hauling is to be done solely by the South Carolina carrier.  HISTORY: 1978 Act No. 527 Section 1.
SC Code § 39-15-920 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-920. Penalties.

 Any carrier violating the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or imprisoned for not more than thirty days. Each violation shall constitute a separate offense.  HISTORY: 1978 Act No. 527 Section 2.
SC Code § 39-15-1110 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-1110. Conditions precluding registration of distinguishing mark for goods or services; exception for distinctive mark.

 (A) A mark by which the goods or services of an applicant for registration may be distinguished from the goods or services of others may not be registered if the mark:  (1) consists of or includes immoral, deceptive, or scandalous matter;  (2) consists of or includes matter which may disparage or falsely suggest a connection with or bring into contempt or disrepute a person, living or dead, an institution, belief, or national symbol;  (3) consists of or includes the flag or coat of arms or other insignia of the United States, a state or municipality, or a foreign nation or a simulation of the flag, coat of arms, or other insignia of any of these;  (4) consists of or includes the name, signature, or portrait identifying a particular living individual, except by the individual's written consent;  (5) consists of a mark which:  (a) when used on or in connection with the goods or services of the applicant is merely descriptive or deceptively misdescriptive of them;  (b) when used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or  (c) is primarily merely a proper name or surname;  (6) consists of or includes a mark which so resembles a mark registered in this State or a mark or trade name previously used by another person in this State and not abandoned as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive.  (B) However, nothing in subsection (A)(5) prevents the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, by proof of continuous use as a mark by the applicant in this State for the five years before the date on which the claim of distinctiveness is made.  HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994; 2002 Act No. 279, Section 1, eff May 28, 2002.  Effect of Amendment  The 2002 amendment, in paragraph (A)(6), inserted "person in this State".
SC Code § 39-15-1115 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-1115. Application for registration of mark; required information.

 (A) Subject to the limitations set forth in this article, a person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth, but not limited to, this information:  (1) the name and business address of the person applying for the registration; and if a corporation, the state of incorporation or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary;  (2) the goods or services on or in connection with which the mark is used, the mode or manner in which the mark is used on or in connection with these goods or services, and the class in which these goods or services fall;  (3) the date when the mark was first used anywhere and the date when it was first used in this State by the applicant or a predecessor in interest;  (4) a statement that the applicant is the owner of the mark, that the mark is in use, and that to the knowledge of the person verifying the application no other person has registered either federally or in this State, or has the right to use this mark in its identical form or in near resemblance as to be likely, when applied to the goods or services of another person, to cause confusion or to cause mistake or to deceive.  (B) The secretary may also require a statement whether an application to register the mark or portions or a composite of the mark has been filed by the applicant or a predecessor in interest in the United States Patent and Trademark Office; and if so, the applicant shall provide full particulars including the filing date and serial number of each application, the status of the application, and if an application was finally refused registration or has otherwise not resulted in a registration, the reasons for this.  (C) The secretary also may require that a drawing of the mark, complying with requirements as the secretary may specify, accompany the application.  (D) The application must be signed and verified by oath, affirmation, or declaration subject to perjury laws by the applicant or by a member of the firm or an officer of the corporation or association applying.  (E) The application must be accompanied by three specimens showing the mark as actually used and accompanied by the application fee payable to the Secretary of State.  HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
SC Code § 39-15-1120 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-1120. Examination and amendment by secretary of application for registration of mark.

 (A) Upon the filing of an application for registration and payment of the application fee, the secretary may examine the application for conformity with this article.  (B) The applicant shall provide additional pertinent information requested by the secretary including a description of a design mark and may make or authorize the secretary to make amendments to the application as may be reasonably requested by the secretary or considered by the applicant to be advisable to respond to a rejection or objection.  (C) The secretary may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer may prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or services.  (D) Amendments may be made by the secretary to the application submitted by the applicant with the applicant's consent, or the secretary may require that the applicant submit a fresh application.  (E) If the applicant is found not to be entitled to registration, the secretary shall notify the applicant of this and of the reasons registration was denied. The applicant must be given a reasonable period of time specified by the secretary in which to reply or to amend the application, after which the application must be reexamined. This procedure may be repeated until the secretary finally refuses registration of the mark or the applicant fails to reply or amend within the specified period, at which time the application is deemed to have been abandoned.  (F) If the secretary finally refuses registration of the mark, the applicant may appeal the decision to the circuit court in Richland County in accordance with the Administrative Procedures Act without costs to the secretary.  (G) In the instance of applications concurrently being processed by the secretary seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in order of filing. If a prior-filed application is granted a registration, the other application or applications must be rejected. A rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark in accordance with Section 39-15-1145 of this article.  HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
SC Code § 39-15-1125 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-1125. Certificate of registration; issuance; admissibility as evidence.

 (A) Upon compliance by the applicant with the requirements of this article, the secretary shall issue a certificate of registration to the applicant under the signature of the secretary and the seal of the State. The certificate shall show the name and business address and if a corporation, the state of incorporation or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere, the date claimed for the first use of the mark in this State, the class of goods or services, a description of the goods or services on or in connection with which the mark is used, a reproduction of the mark, the registration date, and the term of the registration.  (B) A certificate of registration issued by the secretary under this section or a copy of a certificate certified by the secretary is admissible in evidence as competent and sufficient proof of the registration of the mark in an action or judicial proceeding in any court of this State.  HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
SC Code § 39-15-1130 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-1130. Effective period of registration of mark; renewal.

 (A) A registration of a mark is effective for five years from the date of registration, and upon application filed within six months before the expiration of the registration in a manner complying with the requirements of the secretary, the registration may be renewed for five years. A renewal fee payable to the secretary shall accompany the application for renewal of the registration. A registration may be renewed for successive periods of five years as provided for in this subsection.  (B) An application for renewal under this article, whether of a registration made under this article or of a registration effected under any prior law, shall include a verified statement that the mark has been and is still in use and a specimen showing actual use of the mark on or in connection with the goods or services.  HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.  Editor's Note  1994 Act No. 486, Section 3, effective 3 months after July 13, 1994, provides as follows:  "SECTION 3. A registration in force on this article's effective date continues in full force and effect for the unexpired term of the registration and may be renewed by filing an application for renewal with the secretary complying with the requirements of the secretary and paying the renewal fee as provided for in Section 39-15-1130(A) within six months before the expiration of the registration."
SC Code § 39-15-1135 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-1135. Assignment of mark and registration; certificate of change of name; recording.

 (A) A mark and its registration under this article is assignable with the good will of the business in which the mark is used or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment is by instruments in writing properly executed and may be recorded with the secretary upon the payment of the recording fee payable to the secretary who upon recording of the assignment shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal of the registration. An assignment of a registration under this article is void against a subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary within three months after the date of the assignment or before the subsequent purchase.  (B) A registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the registrant or applicant with the secretary upon payment of the recording fee. The secretary may issue in the name of the assignee a certificate of registration of an assigned application. The secretary may issue in the name of the assignee a new certificate or registration for the remainder of the term of the registration or last renewal of the registration.  (C) Other instruments which relate to a mark registered or application pending pursuant to this article including, but not limited to, licenses, security interests, or mortgages, may be recorded in the discretion of the secretary if the instrument is in writing and properly executed.  (D) Acknowledgement is prima facie evidence of the execution of an assignment or other instrument, and when recorded by the secretary, the record is prima facie evidence of execution.  (E) A photocopy of an instrument referred to in subsections (A), (B), or (C) must be accepted for recording if it is certified to be a true and correct copy of the original by a party to the instrument or their successors.  HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
SC Code § 39-15-1140 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-1140. Public record of registered or renewed marks and associated documents.

 The secretary shall keep for public examination a record of all marks registered or renewed under this article and a record of all documents recorded pursuant to Section 39-15-1135.  HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
SC Code § 39-15-1145 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-1145. Cancellation of registration of mark from register; conditions.

 The secretary shall cancel from the register, in whole or in part:  (1) a registration concerning which the secretary receives a voluntary request for cancellation of it from the registrant or the assignee of record;  (2) a registration granted under this article and not renewed in accordance with this article;  (3) a registration concerning which a court of competent jurisdiction finds that the:  (a) registered mark has been abandoned;  (b) registrant is not the owner of the mark;  (c) registration was granted improperly;  (d) registration was obtained fraudulently;  (e) mark is or has become the generic name for the goods or services or a portion of the goods or services for which it has been registered;  (f) registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent and Trademark Office before the date of the filing of the application for registration by the registrant under this article, and not abandoned; however, if the registrant proves that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this State, the registration under this article may not be canceled for that area of the State; or  (4) a registration when a court of competent jurisdiction orders cancellation of the registration on any ground.  HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
SC Code § 39-15-1155 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-1155. Fraudulent filing or registration of mark; liability.

 A person who procures or who on behalf of another person procures the filing or registration of a mark in the office of the secretary under the provisions of this article by knowingly making a false or fraudulent representation or declaration orally, in writing, or by any other fraudulent means is liable to pay all damages sustained in consequence of the filing or registration to be recovered in a court of competent jurisdiction by or on behalf of the party injured.  HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
SC Code § 39-15-1160 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-1160. Liability for unapproved use of registered mark.

 (A) Subject to Section 39-15-1180 and subsection (B) of this section, a person is liable in a civil action by the registrant for the remedies provided in Section 39-15-1170 if the person:  (1) uses without the consent of the registrant a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this article in connection with the sale, distribution, offering for sale, or advertising of goods or services on or in connection with which this use is likely to cause confusion or mistake or to deceive as to the source of origin of these goods or services; or  (2) reproduces, counterfeits, copies, or colorably imitates a mark and applies the reproduction, counterfeit, copy, or colorable imitation to a label, sign, print, package wrapper, receptacle, or advertisement intended to be used on or in connection with the sale or other distribution in this State of these goods or services.  (B) Notwithstanding subsection (A) a person liable under subsection (A)(2) is not entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive.  HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
SC Code § 39-15-1165 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-1165. Famous mark; factors used in determining; injunctive or other relief against use by another.

 (A) The owner of a mark which is famous in this State is entitled, subject to the principles of equity, to an injunction against another's use of a mark commencing after the registrant's mark becomes famous which causes dilution of the distinctive quality of the registrant's mark and to obtain other relief as is provided in this section. In determining whether a mark is famous, a court may consider, but is not limited to considering, these factors:  (1) the degree of inherent or acquired distinctiveness of the mark in this State;  (2) the duration and extent of use of the mark in connection with the goods and services;  (3) the duration and extent of advertising and publicity of the mark in this State;  (4) the geographical extent of the trading area in which the mark is used;  (5) the channels of trade for the goods or services with which the registrant's mark is used;  (6) the degree of recognition of the registrant's mark in its and in the other's trading areas and channels of trade in this State; and  (7) the nature and extent of use of the same or similar mark by third parties.  (B) The registrant is entitled only to injunctive relief in this State in an action brought under this section unless the subsequent user wilfully intended to trade on the registrant's reputation or to cause dilution of the owner's mark. If wilful intent is proven, the owner is entitled to the remedies set forth in this article, subject to the discretion of the court and the principles of equity.  HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
SC Code § 39-15-1170 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-1170. Action to enjoin counterfeit or imitation use of registered mark; damages.

 (A) An owner of a mark registered under this article may bring an action to enjoin the manufacture, use, display, or sale of a counterfeit or imitation of the registered mark, and a court of competent jurisdiction may grant an injunction to restrain the manufacture, use, display, or sale as the court considers just and reasonable and may require a defendant to pay the owner profits derived from or damages suffered due to the wrongful manufacture, use, display, or sale or to pay both profits and damages. The court also may order that the counterfeit or imitation in the possession or under the control of a defendant be delivered to an officer of the court or to the complainant to be destroyed. The court in its discretion may enter judgment for an amount not to exceed three times the profits and damages or reasonable attorneys' fees of the prevailing party, or both, in cases where the court finds the other party committed the wrongful acts with knowledge or in bad faith or otherwise according to the circumstances of the case.  (B) The enumeration of a right or remedy in this article does not affect a registrant's right to prosecute under any penal law of this State.  HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
SC Code § 39-15-1175 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 15 - Labels And Trademarks|Section 39-15-1175. Action for cancellation of registered mark or appeal from refusal to register; service of process in action against nonresident registrant.

 (A) An action to require cancellation of a mark registered pursuant to this article or an appeal from a refusal of the secretary to register a mark pursuant to this article must be brought in the circuit court. In an appeal the proceeding must be based solely upon the record before the secretary. In an action for cancellation the secretary may not be made a party to the proceeding but must be notified of the filing of the complaint by the clerk of the court in the county in which it is filed and must be given the right to intervene in the action.  (B) In an action brought against a nonresident registrant, service may be effected upon the secretary as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under the Rules of Civil Procedure.  HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.