Title 37 — TRADE REGULATION

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 s…

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 the applicant, is merely descriptive or deceptively…

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 trade name previously used in this s…

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 any go…

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 sec…

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 lik…

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, verbal…

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 and symbolized by the mark. Assignment shall be by instruments in writing duly exec…

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 from the regi…

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 improp…

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 such person; or who, with intent to de…

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).

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 §

The secretary of state shall keep for public examination a record of all marks registered or renewed under §§ 37-6-13 and

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 sale as may be by the court deemed j…

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 o…

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, o…

Nothing in §§ 37-6-4 to 37-6-26 , inclusive, shall adversely affect the right or the enforcement of rights in marks acquired in good faith at any time at common law. Source: SL 1955, ch 232 , § 13; SDC Supp 1960, § 51.0913; SL 1980, ch 264 , § 20.

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, aerated waters, unfermented cider, milk, cream, or…

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 § 37-6-28 , shall be prima facie evide…

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 to the ear as the w…

Any person who intentionally obliterates, injures or destroys the names, marks, or brands affixed to any cask, keg, barrel, jug, bottle, box, or other container used or intended to be used for the purpose specified in § 37-6-28 , and not his property, is guilty of a Class 2 misde…

Any person residing out of the state, or any corporation organized under the laws of any other state or territory, engaged in the business mentioned in § 37-6-28 , shall be entitled to the privilege and protection of §§ 37-6-28 to 37-6-30 , inclusive, if he or it shall cause the …

Whenever any person engaged in manufacturing, bottling, or selling in bottle, soda, mineral water, cider, or other nonalcoholic beverage, has filed and published in the manner authorized by law, a description of a name, mark, or label usually stamped by him on the bottles contain…

Terms used in §§ 37-6-4 to 37-6-27 , inclusive, mean: (1) "Applicant," embraces the person filing an application for registration of a mark under § 37-6-5 , the person's legal representatives, successors, or assigns; (2) "Emblem," any badge, motto, button, decoration, charm, rose…

Subject to the limitations set forth in §§ 37-6-6 to 37-6-11 , inclusive, any person who adopts and uses a mark in this state may file in the Office of the Secretary of State, on a form to be furnished by the secretary of state, an application for registration of that mark settin…

A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it consists of or comprises immoral, deceptive, or scandalous matter. Source: SL 1955, ch 232 , § 2; SDC Supp 1960, § 51.09…

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 matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beli…

A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipalit…

A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it consists of or comprises the name, signature or portrait of any living individual, except with his written consent. Sour…