South Dakota

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

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

37-6-3. Imitation of trade-mark as misdemeanor--Civil penalty.

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

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

37-6-5.1. 37-6-5.1. Superseded

37-6-6. Mark containing immoral, deceptive or scandalous matter not registrable.

37-6-7. Mark disparaging or suggesting connection with persons, institutions, beliefs or national symbols not registrable.

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

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

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

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

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

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

37-6-14. Term of registration--Renewal.

37-6-15. 37-6-15. Omitted

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

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

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

37-6-19. Cancellation of registration on court findings.

37-6-20. Cancellation of registration on court order.

37-6-21. Cancellation of registrations not renewed.

37-6-22. Public record of registered marks.

37-6-23. 37-6-23. Omitted

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

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

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

37-6-27. Common-law rights in marks preserved.

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

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

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

37-6-31. Nonresidents entitled to protection of containers.

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