PocketLaw | South Dakota Codified Laws | Trademark And Service Mark

Trademark And Service Mark Protection

Checkout our iOS App for a better way to browser and research.

Definition of terms used in counterfeiting provisions.

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

Imitation of trade-mark as misdemeanor--Civil penalty.

Definition of terms used in mark registration law.

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

Section
37-6-5.1

Superseded.

Mark containing immoral, deceptive or scandalous matter not registrable.

Mark disparaging or suggesting connection with persons, institutions, beliefs or national symbols not registrable.

Mark using or simulating flags or governmental insignia not registrable.

Mark identified with living persons not registrable except by consent.

Section
37-6-10

Deceptive and merely descriptive marks not registrable--Marks made distinctive by previous use.

Section
37-6-11

Mark similar to previously used marks not registrable.

Section
37-6-12

Classification of goods and services for mark registration--Registration limited to single class.

Section
37-6-13

Certificate of registration issued by secretary of state--Contents.

Section
37-6-14

Term of registration--Renewal.

Section
37-6-15

Omitted.

Section
37-6-16

Civil liability for damages from fraudulent mark registration.

Section
37-6-17

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

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
37-6-23

Omitted.

Section
37-6-24

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

Section
37-6-25

Civil action against person using counterfeit or imitation of registered mark.

Section
37-6-26

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

Section
37-6-27

Common-law rights in marks preserved.

Section
37-6-28

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

Section
37-6-29

Use or possession of marked and registered container prima facie unlawful--Search warrant.

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.