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South Dakota Codified Laws
Title 37
Chapter 37-6
S.D. Codified Laws ch. 37-6
Trademark and Service Mark Protection
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37-6-1
Definition of terms used in counterfeiting provisions.
37-6-2
Forgery or counterfeiting of trade-mark as misdemeanor--Fraudulent use--Sale of goods under counterfeit mark.
37-6-3
Imitation of trade-mark as misdemeanor--Civil penalty.
37-6-4
Definition of terms used in mark registration law.
37-6-5
Application to secretary of state for registration of mark--Contents and signature of application--Facsimile--Filing fee.
37-6-5.1
Superseded
Repealed
37-6-6
Mark containing immoral, deceptive or scandalous matter not registrable.
37-6-7
Mark disparaging or suggesting connection with persons, institutions, beliefs or national symbols not registrable.
37-6-8
Mark using or simulating flags or governmental insignia not registrable.
37-6-9
Mark identified with living persons not registrable except by consent.
37-6-10
Deceptive and merely descriptive marks not registrable--Marks made distinctive by previous use.
37-6-11
Mark similar to previously used marks not registrable.
37-6-12
Classification of goods and services for mark registration--Registration limited to single class.
37-6-13
Certificate of registration issued by secretary of state--Contents.
37-6-14
Term of registration--Renewal.
37-6-15
Omitted
Repealed
37-6-16
Civil liability for damages from fraudulent mark registration.
37-6-17
Assignment of mark and registration with good will--Recording and new certificate--Fee--Validity of assignment against subsequent purchaser.
37-6-18
Cancellation of registration on request or due to error or fraud.
37-6-19
Cancellation of registration on court findings.
37-6-20
Cancellation of registration on court order.
37-6-21
Cancellation of registrations not renewed.
37-6-22
Public record of registered marks.
37-6-23
Omitted
Repealed
37-6-24
Proceedings to enjoin counterfeits or imitations of registered mark--Circuit court jurisdiction--Damages--Destruction of counterfeits or imitations.
37-6-25
Civil action against person using counterfeit or imitation of registered mark.
37-6-26
Civil action against person counterfeiting or imitating registered mark--Knowledge required to recover profits or damages.
37-6-27
Common-law rights in marks preserved.
37-6-28
Recording of container markings by register of deeds--Unlawful use of container covered by recording as petty offense.
37-6-29
Use or possession of marked and registered container prima facie unlawful--Search warrant.
37-6-30
Obliteration of registered container mark as misdemeanor.
37-6-31
Nonresidents entitled to protection of containers.
37-6-32
Civil penalty for unauthorized refilling or trafficking in registered containers.