South Dakota § 40-19-20 - Conflict by unrecorded brand--Statement by users of registered brand--Notice and hearing or statement by user of unrecorded brand--Notice to discontinue use--Liability for damages--Misdemeanor.
Full text of South Dakota South Dakota Codified Laws § 40-19-20 — Conflict by unrecorded brand--Statement by users of registered brand--Notice and hearing or statement by user of unrecorded brand--Notice to discontinue use--Liability for damages--Misdemeanor., with citation guidance and answers to common questions.
§ 40-19-20. Conflict by unrecorded brand--Statement by users of registered brand--Notice and hearing or statement by user of unrecorded brand--Notice to discontinue use--Liability for damages--Misdemeanor.
If any brand conflicts with another person's registered brand, the person using the registered brand may file a written statement with the board showing the brand which conflicts with his registered brand. The board shall notify the person accused of using such conflicting brand, by certified or registered mail. The person upon whom such notification is served may appear in person before the board or present a statement to the board explaining how the unrecorded brand is not an infringement upon or in conflict with the registered brand. If the board decides that the unrecorded or last registered brand conflicts with the first registered brand, a notice shall be served upon the person using the unrecorded or last recorded brand to discontinue its use within thirty days from the receipt of such notice. Any person failing to comply with the provisions of this section is liable for all damages resulting from such failure and is guilty of a Class 1 misdemeanor.
Source: SDC 1939, § 40.1211; SL 1943, ch 143; SL 1977, ch 190, § 505; SL 1988, ch 328, § 37; SL 1991, ch 24, § 14.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 40-19-20
What does South Dakota Codified Laws § 40-19-20 cover?
Section 40-19-20 ("Conflict by unrecorded brand--Statement by users of registered brand--Notice and hearing or statement by user of unrecorded brand--Notice to discontinue use--Liability for damages--Misdemeanor.") 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 § 40-19-20?
A common citation format is "South Dakota Codified Laws § 40-19-20" (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 § 40-19-20 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.