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

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

Section 37-6-3 - Imitation of trade-mark as misdemeanor--Civil penalty. - 37-6-3. Imitation of trade-mark as misdemeanor--Civil penalty. Every person who,...

Section 37-6-4 - Definition of terms used in mark registration law. - 37-6-4. Definition of terms used in mark registration law. Terms...

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

Section 37-6-6 - Mark containing immoral, deceptive or scandalous matter not registrable. - 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. - 37-6-7. Mark disparaging or suggesting connection with persons, institutions, beliefs...

Section 37-6-8 - Mark using or simulating flags or governmental insignia not registrable. - 37-6-8. Mark using or simulating flags or governmental insignia not...

Section 37-6-9 - Mark identified with living persons not registrable except by consent. - 37-6-9. Mark identified with living persons not registrable except by...

Section 37-6-10 - Deceptive and merely descriptive marks not registrable--Marks made distinctive by previous use. - 37-6-10. Deceptive and merely descriptive marks not registrable--Marks made distinctive...

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

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

Section 37-6-13 - Certificate of registration issued by secretary of state--Contents. - 37-6-13. Certificate of registration issued by secretary of state--Contents. Upon...

Section 37-6-14 - Term of registration--Renewal. - 37-6-14. Term of registration--Renewal. Registration of a mark under §37-6-13...

Section 37-6-16 - Civil liability for damages from fraudulent mark registration. - 37-6-16. Civil liability for damages from fraudulent mark registration. Any...

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

Section 37-6-18 - Cancellation of registration on request or due to error or fraud. - 37-6-18. Cancellation of registration on request or due to error...

Section 37-6-19 - Cancellation of registration on court findings. - 37-6-19. Cancellation of registration on court findings. The secretary of...

Section 37-6-20 - Cancellation of registration on court order. - 37-6-20. Cancellation of registration on court order. The secretary of...

Section 37-6-21 - Cancellation of registrations not renewed. - 37-6-21. Cancellation of registrations not renewed. The secretary of state...

Section 37-6-22 - Public record of registered marks. - 37-6-22. Public record of registered marks. The secretary of state...

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

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

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

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

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

Section 37-6-30 - Obliteration of registered container mark as misdemeanor. - 37-6-30. Obliteration of registered container mark as misdemeanor. Any person...

Section 37-6-31 - Nonresidents entitled to protection of containers. - 37-6-31. Nonresidents entitled to protection of containers. Any person residing...

Section 37-6-32 - Civil penalty for unauthorized refilling or trafficking in registered containers. - 37-6-32. Civil penalty for unauthorized refilling or trafficking in registered...