South Dakota § 37-6-4 - Definition of terms used in mark registration law.
Full text of South Dakota South Dakota Codified Laws § 37-6-4 — Definition of terms used in mark registration law., with citation guidance and answers to common questions.
§ 37-6-4. Definition of terms used in mark registration law.
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, rosette, or such other insignia;
(3) "Mark," includes any trademark or service mark entitled to registration under §§ 37-6-4 to 37-6-27, inclusive, whether registered or not;
(4) "Person," any individual, firm, partnership, limited liability company, corporation, association, union or other organization;
(5) "Registrant," the person to whom the registration of a mark under § 37-6-13 is issued, the person's legal representatives, successors, or assigns;
(6) "Service mark," a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others;
(7) A service mark is "used" if it is used or displayed in the sale or advertising of services and the services are rendered in this state;
(8) "Trademark," any word, name, symbol, emblem, or device or any combination thereof adopted and used by a person to identify goods made or sold by such person and to distinguish them from goods made or sold by others;
(9) For the purposes of §§ 37-6-4 to 37-6-27, inclusive, a trade mark is "used" if it is placed in any manner on the goods or their containers or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in this state.
Source: SDC 1939, § 51.0902; SL 1955, ch 232, § 1; SDC Supp 1960, § 51.0901; SL 1980, ch 264, § 2; SL 1994, ch 351, § 86.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 37-6-4
What does South Dakota Codified Laws § 37-6-4 cover?
Section 37-6-4 ("Definition of terms used in mark registration law.") 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 § 37-6-4?
A common citation format is "South Dakota Codified Laws § 37-6-4" (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 § 37-6-4 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.