South Dakota § 37-6-10 - Deceptive and merely descriptive marks not registrable--Marks made distinctive by previous use.
Full text of South Dakota South Dakota Codified Laws § 37-6-10 — Deceptive and merely descriptive marks not registrable--Marks made distinctive by previous use., with citation guidance and answers to common questions.
§ 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 the applicant, is merely descriptive or deceptively misdescriptive of them; or
(2) When applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; or
(3) Is primarily merely a surname.
However, nothing in this section prevents the registration of a mark used in this state by the applicant which has become distinctive of the applicant's goods or services. The secretary of state may accept as evidence that the mark has become distinctive, as applied to the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state or elsewhere for the five years next preceding the date of the filing of the application for registration.
Source: SDC 1939, § 51.0904; SL 1955, ch 232, § 2; SDC Supp 1960, § 51.0902 (5); SL 1980, ch 264, § 8; SL 1987, ch 29, § 94.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 37-6-10
What does South Dakota Codified Laws § 37-6-10 cover?
Section 37-6-10 ("Deceptive and merely descriptive marks not registrable--Marks made distinctive by previous use.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 37-6-10?
A common citation format is "South Dakota Codified Laws § 37-6-10" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 37-6-10 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.