43-44-8. Prima facie evidence of right to exclusive use of registered emblem--Rights of prior owner not affected. Registration under the provisions of this chapter shall be prima facie evidence of the right of the registrant to the exclusive use of the emblem registered, but it shall not affect the rights of any prior owner or proprietor of the emblem, who has established rights therein by prior, open, notorious, and exclusive use, and upon which prior use the said registered emblem is an infringement, counterfeit, or imitation, calculated to mislead or deceive.
Source: SDC 1939, § 51.0906.
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