43-44-1      Insignia of fraternal, historical, military, or labor organizations--Right of registration, alteration, or cancellation.
43-44-2      Deceptive emblem--Registration forbidden.
43-44-3      Application for registration of emblem--Officers authorized to make--Verification--Copies of emblem.
43-44-4      False or fraudulent representation to procure filing and registration as misdemeanor.
43-44-5      Application for registration, alteration, cancellation, or transfer of registration of emblem--Receipt and filing by secretary of state--Issuance of certificate--Indexing.
43-44-6      Fee for registration, alteration, or cancellation of certificate--Assignment and other fees.
43-44-7      Registration records--Indexing by secretary of state--Contents.
43-44-8      Prima facie evidence of right to exclusive use of registered emblem--Rights of prior owner not affected.
43-44-9      Persons benefitted by registration of emblem.
43-44-10      Unauthorized use or wearing of registered emblem--Classification of offense.
43-44-11      Enjoining unlawful use of emblem of fraternal, historical, military, or labor organization--Right to damages.

43-44-1. Insignia of fraternal, historical, military, or labor organizations--Right of registration, alteration, or cancellation.

Any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans' organization, labor union, foundation, federation, or any other society, organization, or association, degree, branch, subordinate lodge or auxiliary thereof, whether incorporated or unincorporated, the principles and activities of which are not repugnant to the Constitution and laws of the United States or this state, may register in the Office of the Secretary of State a facsimile, duplicate, or description of its name, badge, motto, button, decoration, charm, rosette, or other insignia hereinafter referred to as an emblem, and may, by reregistration alter or cancel the same.

Source: SL 1933, ch 82, § 1; SDC 1939, § 51.0902.

43-44-2. Deceptive emblem--Registration forbidden.

No registration shall be granted, nor alteration permitted of any emblem so nearly resembling any other which has been theretofore registered, as to be calculated to deceive or mislead.

Source: SL 1933, ch 82, § 4; SDC 1939, § 51.0904.

43-44-3. Application for registration of emblem--Officers authorized to make--Verification--Copies of emblem.

Application for registration of an emblem shall be made by the chief officer or officers of the association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans' organization, labor union, foundation, federation, or any other society, organization, or association, degree, branch, subordinate lodge or auxiliary thereof, upon blanks to be provided by the secretary of state. Applications for registration shall be verified and have attached thereto two copies of the emblem for which registration is sought.

Source: SL 1933, ch 82, § 2; SDC 1939, § 51.0903.

43-44-4. False or fraudulent representation to procure filing and registration as misdemeanor.

Any person who makes a false or fraudulent representation to procure the filing and registration of any emblem as defined in this chapter is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 51.9904; SL 1983, ch 15, § 16.

43-44-5. Application for registration, alteration, cancellation, or transfer of registration of emblem--Receipt and filing by secretary of state--Issuance of certificate--Indexing.

The secretary of state shall receive and file all applications under the provisions of this chapter, and shall issue a certificate of registration to the applicant, if the emblem is entitled to registration under the provisions of this chapter.

Applications for cancellation or alteration of registrations shall likewise be received and filed, and certificates thereof issued.

Assignments or other transfers of registrations shall likewise be received, and filed, and noted on the index of such registrations.

Source: SL 1933, ch 82, § 7; SDC 1939, § 51.0905.

43-44-6. Fee for registration, alteration, or cancellation of certificate--Assignment and other fees.

The fee of the secretary of state for filing the application and issuing certificate of registration, alteration, or cancellation shall be seventy-five dollars.

The fee for filing any assignment or other transfer of registration shall be ten dollars.

The fee for searches, certified copies, and other official acts of the secretary of state, required under the provisions of this chapter, shall be the same as provided by law for similar services except as otherwise specifically provided in this chapter.

Source: SDC 1939, § 51.0905; SL 2003, ch 8, § 11; SL 2009, ch 4, § 11.

43-44-7. Registration records--Indexing by secretary of state--Contents.

The secretary of state shall keep a properly indexed record of all registrations provided for by this chapter, which record shall also show any altered or canceled registration, and any assignments or transfers thereof.

Source: SL 1933, ch 82, § 3; SDC 1939, § 51.0905.

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.

43-44-9. Persons benefitted by registration of emblem.

The registration shall be for the benefit of the registrant and his successors, assigns, and persons using the same under his permission or license, express or implied, and according to the laws governing the succession, assignment, and use of personal property generally.

Source: SL 1933, ch 82, § 2; SDC 1939, § 51.0906.

43-44-10. Unauthorized use or wearing of registered emblem--Classification of offense.

It is a petty offense for any person to use any emblem which has been registered under the provisions of this chapter, or one so nearly resembling it as to be calculated to deceive or mislead, unless he is entitled to wear or use it under the constitution, bylaws, rules, or regulations of the lodge, association, or organization registering the emblem. Any person who intentionally wears, exhibits, displays, or uses, for any purpose, the emblem of an association or organization registered under the provisions of this chapter, unless he is entitled to use and wear the same under the constitution, bylaws, rules, or regulations of such association or organization, is guilty of a Class 2 misdemeanor.

Source: SL 1933, ch 82, § 6; SDC 1939, §§ 51.0904, 51.9902; SL 1983, ch 15, § 17.

43-44-11. Enjoining unlawful use of emblem of fraternal, historical, military, or labor organization--Right to damages.

Any person entitled to the use or benefits of any registered emblem may maintain an action in any court of competent jurisdiction to enjoin the unauthorized use of the same, or any infringement, counterfeit, or imitation thereof; and in such action may have judgment for injunction, damages, including profits acquired by the defendant, and order for destruction of all counterfeits or imitations, according to the rights of such person established in such action.

Source: SDC 1939, § 51.0907.