South Dakota Codified Laws
Chapter 06 - Trademark And Service Mark Protection
Section 37-6-16 - Civil liability for damages from fraudulent mark registration.

37-6-16. Civil liability for damages from fraudulent mark registration.
Any person who shall for himself, or on behalf of any other person, procure the filing or registration of a mark in the Office of the Secretary of State under the provisions of §37-6-5 or 37-6-13, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.

Source: SL 1955, ch 232, §10; SDC Supp 1960, §51.0910; SL 1980, ch 264, §13.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 37 - Trade Regulation

Chapter 06 - Trademark And Service Mark Protection

Section 37-6-1 - Definition of terms used in counterfeiting provisions.

Section 37-6-2 - Forgery or counterfeiting of trade-mark as misdemeanor--Fraudulent use--Sale of goods under counterfeit mark.

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 37-6-5 - Application to secretary of state for registration of mark--Contents and signature of application--Facsimile--Filing fee.

Section 37-6-6 - Mark containing immoral, deceptive or scandalous matter not registrable.

Section 37-6-7 - Mark disparaging or suggesting connection with persons, institutions, beliefs or national symbols 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 37-6-10 - Deceptive and merely descriptive marks not registrable--Marks made distinctive by previous use.

Section 37-6-11 - Mark similar to previously used marks not registrable.

Section 37-6-12 - Classification of goods and services for mark registration--Registration limited to single class.

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 37-6-17 - Assignment of mark and registration with good will--Recording and new certificate--Fee--Validity of assignment against subsequent purchaser.

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 37-6-24 - Proceedings to enjoin counterfeits or imitations of registered mark--Circuit court jurisdiction--Damages--Destruction of counterfeits or imitations.

Section 37-6-25 - Civil action against person using counterfeit or imitation of registered mark.

Section 37-6-26 - Civil action against person counterfeiting or imitating registered mark--Knowledge required to recover profits or damages.

Section 37-6-28 - Recording of container markings by register of deeds--Unlawful use of container covered by recording as petty offense.

Section 37-6-29 - Use or possession of marked and registered container prima facie unlawful--Search warrant.

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.