37-6-28. Recording of container markings by register of deeds--Unlawful use of container covered by recording as petty offense.
Each register of deeds shall, on the application of any person domiciled within his county or any corporation organized under the laws of this state engaged in the manufacturing, bottling, or selling of soda water, mineral water, aerated waters, unfermented cider, milk, cream, or other nonintoxicating beverages in casks, kegs, barrels, jugs, bottles, boxes, or other containers, record in a book suitable for the purpose a description of the names, brands, or trade-marks used by such person or corporation for marking any container in which any such beverages are sold or kept for sale, which book shall be and remain a public record in his office. It shall thereupon be a petty offense for any person, without the written consent of the owner, to fill any such container for the purpose of sale, or to sell, dispose of, buy, or traffic in, or destroy the same, whether filled or not.
Source: SDC 1939, §§51.1001, 51.9905; SL 1977, ch 190, §246.
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.