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Ready to talk to someone about an intellectual property matter in Mount Pleasant? The form above connects you directly, no need to read everything below first.
Mount Pleasant at a glance
A South Carolina Research Authority news release dated June 4, 2024 says that SMPL-C Corporation, a Mount Pleasant based information technology startup, has been accepted as one of its member companies. The release says the company offers a software platform that helps defense contractors understand and follow Cybersecurity Maturity Model Certification (CMMC) regulations.
Step one: identify what you own
Begin with a written list of what your business has made. If your business makes animation, interactive content or software, note who created each piece, when, and under what agreement, then ask an attorney which kind of protection fits each one. Mark which works are already registered with the Copyright Office, because a United States work generally must be registered, or refused registration, before an infringement suit can be filed (17 U.S.C. 411(a)).
Step two: check what is registered
A South Carolina trademark or service mark is registered with the Secretary of State, and the mark has to be in use before it can be registered. The South Carolina Secretary of State says online filing is now available for all trademark and service mark filings. State registration gives rights inside South Carolina and no federal protection; a federal registration is made under 15 U.S.C. 1051.
Corporations, nonprofit corporations, LLCs, limited partnerships and limited liability partnerships file with the Secretary of State, while sole proprietorships and general partnerships do not file there. The Secretary of State does not register DBA or trade names, so South Carolina has no statewide assumed name filing. Anyone doing business in Mount Pleasant needs a town business license based on business activity and gross receipts, handled by the Business License Division in Finance and Corporate Services. Its fees are due before operations start and again each year on April 30. Ask an attorney whether your business name should also be filed as a mark.
Protecting your work in Mount Pleasant? Get matched with an attorney now.
Step three: know the court
Mount Pleasant is in Charleston County, and the county list in 28 U.S.C. 121 places Charleston County in the Charleston Division of the District of South Carolina. For that division, the court’s pages list 83 Meeting Street, Charleston, SC 29401, along with the U.S. District Courthouse at 85 Broad Street, Charleston, SC 29401. A patent claim is filed in federal court only (28 U.S.C. 1338(a)). An attorney should confirm the right court before anything is filed.
Step four: watch the clock
Patent damages can be recovered only for the six years before the suit is filed (35 U.S.C. 286). A civil copyright claim has to be brought within three years after it accrued (17 U.S.C. 507(b)). Under South Carolina law, a claim for trade secret misappropriation must be brought within three years after the misappropriation is discovered or should have been discovered with reasonable diligence, and a continuing misappropriation counts as one claim. Keep dated notes of when you first learned of a copy, a leak or a use you did not allow, and give them to an attorney, who can tell you when each period started.
Step five: protect secrets at work
The South Carolina Trade Secrets Act covers information such as a formula, pattern, compilation, program, method, process, design or code that has economic value because it is not generally known or readily found out by proper means, as long as the owner keeps it secret through reasonable efforts. When the secret relates to a product or service used in, or intended for use in, interstate or foreign commerce, its owner can also sue in federal court under the federal trade secret statute, 18 U.S.C. 1836(b). South Carolina has no statute on employee noncompete agreements; courts decide them under case law and read them strictly, so an attorney should confirm the current rule before you sign or rely on one. Ask an attorney which steps would count as reasonable efforts for the code, designs and compilations your business keeps.
Was your work copied or your brand used without permission? Talk to an attorney in Charleston County.
Step six: use local help
The Mount Pleasant Chamber of Commerce, with its office at 534 Johnnie Dodds Boulevard, runs an online Business Resource Center. That center points business owners to the Charleston Area Small Business Development Center, SCORE Charleston and the town’s economic development office. The Charleston Area SBDC is not located in Mount Pleasant, so check where it meets before you plan a visit. Take questions about who owns a design, a program or a brand to an attorney.
Step seven: industry context
The town’s business page calls Mount Pleasant an ideal location for growing industries and lists information technology, life science, architecture and engineering, marketing and publishing, and finance and investments. If your work falls in one of those fields, ask an attorney early which of your files, names and methods to protect.
Frequently Asked Questions
Where does a business in Mount Pleasant get its license, and does South Carolina register trade names?
The town requires a business license for anyone doing business in Mount Pleasant, based on business activity and gross receipts, through its Business License Division. Fees are due before operations start and each year on April 30. The Secretary of State does not register DBA or trade names, so there is no statewide assumed name filing; ask an attorney whether your name should be registered as a mark instead.
Which federal courthouses do the court’s pages list for Charleston County?
The county list in 28 U.S.C. 121 puts Charleston County in the Charleston Division of the District of South Carolina. For that division, the court’s pages list 83 Meeting Street, Charleston, SC 29401, and the U.S. District Courthouse at 85 Broad Street, Charleston, SC 29401. Have an attorney confirm the right court first.
Does a copyright have to be registered before an infringement suit?
For a United States work, generally yes: the work must be registered, or refused registration by the Copyright Office, before an infringement suit can be filed (17 U.S.C. 411(a)). Ask an attorney to check this for each work you list.
How long can a South Carolina trade secret claim wait?
Under the South Carolina Trade Secrets Act, a misappropriation claim must be brought within three years after the misappropriation is discovered or should have been discovered with reasonable diligence. If the secret relates to a product or service used in, or intended for use in, interstate or foreign commerce, a federal claim under 18 U.S.C. 1836(b) may also be open, and an attorney can tell you which applies.
How long does a South Carolina trademark registration last?
A state registration lasts five years and can be renewed for further five year periods if the renewal is filed within the six months before it expires (S.C. Code Ann. 39-15-1130). It gives rights inside South Carolina only; rights across the United States come from a federal registration with the USPTO.
The South Carolina intellectual property index shows every city where we connect people with local attorneys. If your matter involved another town in the area, see our pages for Charleston, Wando, and Folly Beach. If the matter involves a crash, a fall, or another injury, our Mount Pleasant personal injury attorney page is the better fit.
Step eight: talk to an attorney
Before a first call, gather your list of works, your registrations and entity filings, your town business license, any agreements with employees, contractors or programs, and the dates you wrote down in step four. To start, you can get matched with an intellectual property attorney.
