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South Dakota Laws > Title 37 > Chapter 6 - Trademark And Service Mark Protection

^{Current as of: 2010}

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§ 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
§ 37-6-6	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
§ 37-6-16	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
§ 37-6-24	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

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