There is a newer version of the South Dakota Codified Laws
2013 South Dakota Codified Laws
Title 37 - TRADE REGULATION
Chapter 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- § 37-6-5.1 Superseded.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 Term of registration--Renewal.
- § 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 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.
- § 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.
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