South Dakota Codified Laws
Chapter 44 - Emblems Of Associations
Section 43-44-8 - Prima facie evidence of right to exclusive use of registered emblem--Rights of prior owner not affected.

43-44-8. Prima facie evidence of right to exclusive use of registered emblem--Rights of prior owner not affected.
Registration under the provisions of this chapter shall be prima facie evidence of the right of the registrant to the exclusive use of the emblem registered, but it shall not affect the rights of any prior owner or proprietor of the emblem, who has established rights therein by prior, open, notorious, and exclusive use, and upon which prior use the said registered emblem is an infringement, counterfeit, or imitation, calculated to mislead or deceive.

Source: SDC 1939, §51.0906.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 44 - Emblems Of Associations

Section 43-44-1 - Insignia of fraternal, historical, military, or labor organizations--Right of registration, alteration, or cancellation.

Section 43-44-2 - Deceptive emblem--Registration forbidden.

Section 43-44-3 - Application for registration of emblem--Officers authorized to make--Verification--Copies of emblem.

Section 43-44-4 - False or fraudulent representation to procure filing and registration as misdemeanor.

Section 43-44-5 - Application for registration, alteration, cancellation, or transfer of registration of emblem--Receipt and filing by secretary of state--Issuance of certificate--Indexing.

Section 43-44-6 - Fee for registration, alteration, or cancellation of certificate--Assignment and other fees.