South Dakota Codified Laws
Chapter 19 - Brand Registration And Use
Section 40-19-2 - Exclusive right to use brand after registration.

40-19-2. Exclusive right to use brand after registration.
Any person may apply for a brand and use that brand exclusively in this state after registering the brand and by renewing it as provided in this chapter.

Source: SDC 1939, §40.1204; SL 1984, ch 269, §3; SL 1988, ch 328, §19.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 40 - Animals and Livestock

Chapter 19 - Brand Registration And Use

Section 40-19-1 - Use of unregistered brand as misdemeanor.

Section 40-19-2 - Exclusive right to use brand after registration.

Section 40-19-2.1 - Placement of brand.

Section 40-19-3 - Single symbol brand not recordable--Validity of presently recorded brands--Exception for sheep--Hot iron or paint for sheep.

Section 40-19-4 - Filing of application for brand--Facsimile included.

Section 40-19-5 - Application form--Notice if brand recordable--Fees.

Section 40-19-6 - Registration of brand--Certificate of registration.

Section 40-19-7 - Rejection of brands by board--Grounds--Composition of brands--Location on animal as part of brand.

Section 40-19-9 - Rejection of brand adding symbol to existing brand--Exception.

Section 40-19-10.1 - Permit required for cattle branded with out-of-state brand--Cattle purchased for export--Violation as misdemeanor.

Section 40-19-11 - Registration of brands approved--Preservation of applications on certificates--Registration and renewal fees.

Section 40-19-12 - Five-year renewal of brands--Renewal fee.

Section 40-19-13 - Abandonment of brand by failure to renew.

Section 40-19-13.1 - Cancellation of certificate paid for with bad check.

Section 40-19-14 - Rerecording of cancelled brand by previous owner.

Section 40-19-16 - Replacement of lost or destroyed certificate--Affidavit--Fee.

Section 40-19-17 - Cancellation of brand conflicting with previous brand.

Section 40-19-18 - Cancellation of brand used for felony or theft.

Section 40-19-19 - Replacement brand for canceled brand--Application--No assessment of fee.

Section 40-19-20 - Conflict by unrecorded brand--Statement by users of registered brand--Notice and hearing or statement by user of unrecorded brand--Notice to discontinue use--Liability for damages--Misdemeanor.

Section 40-19-21 - Unlawful use of brand as misdemeanor.

Section 40-19-22 - Fees paid into brand fund--Purposes for which used.

Section 40-19-23 - Administrative expenses paid from brand fund--Vouchers and warrants--Publication and sale of brand books and supplements.

Section 40-19-23.1 - Brand board activities.

Section 40-19-24 - Registered brand as prima facie evidence of ownership--Copy of register as proof of brand.

Section 40-19-25 - Misuse or alteration of brand as felony.

Section 40-19-26 - Property rights unimpaired.