South Dakota 06 — Trademark And Service Mark Protection
- 37-6-1 — Definition of terms used in counterfeiting provisions.
- 37-6-2 — Forgery or counterfeiting of trade-mark as misdemeanor--Fraudulent use--Sale ofgoods 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 ofapplication--Facsimile--Filing fee.
- 37-6-5.1 — Superseded.
- 37-6-6 — Mark containing immoral, deceptive or scandalous matter not registrable.
- 37-6-7 — Mark disparaging or suggesting connection with persons, institutions, beliefs ornational 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 byprevious 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 tosingle class.
- 37-6-13 — Certificate of registration issued by secretary of state--Contents.
- 37-6-14 — Effective period of mark registration--Renewal--Notice before expiration.
- 37-6-15 — Omitted.
- 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.
- 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.
- 37-6-24 — Proceedings to enjoin counterfeits or imitations of registered mark--Circuit courtjurisdiction--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--Knowledgerequired 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 containercovered by recording as petty offense.
- 37-6-29 — Use or possession of marked and registered container prima facie unlawful--Searchwarrant.
- 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.