37-6-1. Definition of terms used in counterfeiting provisions.
The following definitions apply to §§37-6-2 and 37-6-3:
(1)"Affixing" within the meaning of such sections is complete, whether such mark is affixed to the goods themselves, or to any box, bale, barrel, bottle, case, cask, wrapper, or other package, or vessel, or any cover or stopper thereof, in which such goods are put up;
(2)"Goods" includes every kind of goods, wares, merchandise, compound, or preparation which may be lawfully kept or offered for sale;
(3)"Trade-mark" includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label, or wrapper, usually affixed by any mechanic, manufacturer, druggist, merchant, or tradesman to denote any goods to be goods imported, manufactured, produced, compounded, or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description.
Source: SDC 1939, §13.1822.
Structure South Dakota Codified Laws
Chapter 06 - Trademark And Service Mark Protection
Section 37-6-1 - Definition of terms used in counterfeiting provisions.
Section 37-6-3 - Imitation of trade-mark as misdemeanor--Civil penalty.
Section 37-6-4 - Definition of terms used in mark registration law.
Section 37-6-6 - Mark containing immoral, deceptive or scandalous matter not registrable.
Section 37-6-8 - Mark using or simulating flags or governmental insignia not registrable.
Section 37-6-9 - Mark identified with living persons not registrable except by consent.
Section 37-6-11 - Mark similar to previously used marks not registrable.
Section 37-6-13 - Certificate of registration issued by secretary of state--Contents.
Section 37-6-14 - Term of registration--Renewal.
Section 37-6-16 - Civil liability for damages from fraudulent mark registration.
Section 37-6-18 - Cancellation of registration on request or due to error or fraud.
Section 37-6-19 - Cancellation of registration on court findings.
Section 37-6-20 - Cancellation of registration on court order.
Section 37-6-21 - Cancellation of registrations not renewed.
Section 37-6-22 - Public record of registered marks.
Section 37-6-25 - Civil action against person using counterfeit or imitation of registered mark.
Section 37-6-30 - Obliteration of registered container mark as misdemeanor.
Section 37-6-31 - Nonresidents entitled to protection of containers.
Section 37-6-32 - Civil penalty for unauthorized refilling or trafficking in registered containers.