37-6-1. Definition of terms used in counterfeiting provisions. The following definitions apply to §§37-6-2 and 37-6-3: (1)”Affixing” within the meaning of such sections is complete, whether such mark is affixed to the goods themselves, or to any box, bale, barrel, bottle, case, cask, wrapper, or other package, or vessel, or any cover or stopper thereof, […]
37-6-10. Deceptive and merely descriptive marks not registrable–Marks made distinctive by previous use. A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others may not be registered if it consists of a mark which: (1)When applied to the goods or services of […]
37-6-11. Mark similar to previously used marks not registrable. A mark by which the goods or services of any applicant for registration may be distinguished from the goods of others shall not be registered if it consists of or comprises a mark which so resembles a mark registered in this state or a mark or […]
37-6-12. Classification of goods and services for mark registration–Registration limited to single class. The following general classes of goods and services are established for the convenience of the administration of §§37-6-4 to 37-6-27, inclusive, but not to limit or extend the applicant’s or registrant’s rights. A single application for registration of a mark may include […]
37-6-13. Certificate of registration issued by secretary of state–Contents. Upon compliance by the applicant with the requirements of §§37-6-5 to 37-6-12, inclusive, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the secretary of state […]
37-6-14. Term of registration–Renewal. Registration of a mark under §37-6-13 is effective for a term of four years from the date of registration. Upon application filed within six months prior to the expiration of the term, on a form to be furnished by the secretary of state, the registration may be renewed for a like […]
37-6-16. Civil liability for damages from fraudulent mark registration. Any person who shall for himself, or on behalf of any other person, procure the filing or registration of a mark in the Office of the Secretary of State under the provisions of §37-6-5 or 37-6-13, by knowingly making any false or fraudulent representation or declaration, […]
37-6-17. Assignment of mark and registration with good will–Recording and new certificate–Fee–Validity of assignment against subsequent purchaser. A mark and its registration under §37-6-13 is assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of […]
37-6-18. Cancellation of registration on request or due to error or fraud. The secretary of state shall cancel from the register any registration for which the secretary of state has received a voluntary request for cancellation from the registrant or the assignee of record. The secretary of state, upon notice to the registrant, may cancel […]
37-6-19. Cancellation of registration on court findings. The secretary of state shall cancel from the register any registration concerning which a court of competent jurisdiction shall find (1)That the registered mark has been abandoned; (2)That the registrant is not the owner of the mark; (3)That the registration was granted improperly; or (4)That the registration was […]
37-6-2. Forgery or counterfeiting of trade-mark as misdemeanor–Fraudulent use–Sale of goods under counterfeit mark. Every person who intentionally forges or counterfeits any trade-mark usually fixed by any person to any goods of such person with intent to pass off any goods to which such forged or counterfeited trade-mark is affixed as to the goods of […]
37-6-20. Cancellation of registration on court order. The secretary of state shall cancel from the register when a court of competent jurisdiction shall order cancellation of a registration on any ground. Source: SL 1955, ch 232, §8; SDC Supp 1960, §51.0908 (5).
37-6-21. Cancellation of registrations not renewed. The secretary of state shall cancel from the register all registrations granted under §37-6-13 and not renewed in accordance with the provisions of §37-6-14. Source: SL 1955, ch 232, §8; SDC Supp 1960, §51.0908 (3).
37-6-22. Public record of registered marks. The secretary of state shall keep for public examination a record of all marks registered or renewed under §§37-6-13 and 37-6-14. Source: SL 1955, ch 232, §7; SDC Supp 1960, §51.0907; SL 1980, ch 264, §16.
37-6-24. Proceedings to enjoin counterfeits or imitations of registered mark–Circuit court jurisdiction–Damages–Destruction of counterfeits or imitations. Any owner of a mark registered under §37-6-13 may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof. The circuit court may grant injunctions to restrain such manufacture, use, display or […]
37-6-25. Civil action against person using counterfeit or imitation of registered mark. Subject to the provisions of §37-6-27, any person who shall use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under §37-6-13 in connection with the sale, offering for sale, or advertising of any goods […]
37-6-26. Civil action against person counterfeiting or imitating registered mark–Knowledge required to recover profits or damages. Subject to the provisions of §37-6-27, any person who shall reproduce, counterfeit, copy, or colorably imitate any mark registered under §37-6-13 and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements […]
37-6-28. Recording of container markings by register of deeds–Unlawful use of container covered by recording as petty offense. Each register of deeds shall, on the application of any person domiciled within his county or any corporation organized under the laws of this state engaged in the manufacturing, bottling, or selling of soda water, mineral water, […]
37-6-29. Use or possession of marked and registered container prima facie unlawful–Search warrant. The use by any person other than the rightful owner, without such owner’s consent, of any container, or the possession thereof by any junk dealer or dealer in any such container, the same being marked or stamped and registered as required in […]
37-6-3. Imitation of trade-mark as misdemeanor–Civil penalty. Every person who, with intent to defraud, affixes to any goods, or to any container of goods, any label, stamp, brand, imprint, printed wrapper, ticket, or mark, which designates such goods by any word or token which is wholly or in part the same to the eye or […]
