37-6-17. Assignment of mark and registration with good will--Recording and new certificate--Fee--Validity of assignment against subsequent purchaser.
A mark and its registration under §37-6-13 is assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be recorded with the secretary of state upon the payment of a fee of one hundred twenty-five dollars payable to the secretary of state. Upon recording of the assignment, the secretary of state shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under §37-6-13 is void as against any subsequent purchaser for valuable consideration without notice unless it is recorded with the secretary of state within three months after the date thereof or prior to the subsequent purchase.
Source: SL 1955, ch 232, §6; SDC Supp 1960, §51.0906; SL 1980, ch 264, §14; SL 1997, ch 141, §4; SL 2003, ch 8, §9; SL 2009, ch 4, §9.
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.