§ 37-6-1 Definition of terms used in counterfeiting provisions
§ 37-6-2 Forgery or counterfeiting of trade-mark as misdemeanor–Fraudulent use–Sale ofgoods 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 ofapplication–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 ornational 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 byprevious 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 tosingle 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 courtjurisdiction–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–Knowledgerequired 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 containercovered by recording as petty offense
§ 37-6-29 Use or possession of marked and registered container prima facie unlawful–Searchwarrant
§ 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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Terms Used In South Dakota Codified Laws > Title 37 > Chapter 6 - Trademark and Service Mark Protection

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2