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37-6-5Application to secretary of state for registration of mark--Contents and signature of application--Facsimile--Filing fee.

Subject to the limitations set forth in §§ 37-6-6 to 37-6-11, inclusive, any person who adopts and uses a mark in this state may file in the Office of the Secretary of State, on a form to be furnished by the secretary of state, an application for registration of that mark setting forth the following information:

(1)    The name and business address of the person applying for the registration; and, if a corporation, the state of incorporation;

(2)    The goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with the goods or services and the class in which the goods fall;

(3)    The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or the applicant's predecessor in business; and

(4)    A statement that the applicant is the owner of the mark and that no other person has the right to use the mark in this state either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor.

The application shall be signed under oath by the applicant or by a member of the firm or an officer of the corporation or association applying. The application shall be accompanied by a specimen or facsimile of the mark in duplicate no larger than eight and one-half inches by eleven inches. The application for registration shall be accompanied by a filing fee of one hundred twenty-five dollars, payable to the secretary of state.

Source: SDC 1939, §§ 51.0901, 51.0903; SL 1955, ch 232, § 3; SL 1980, ch 264, § 3; SL 1997, ch 141, § 2; SL 2003, ch 8, § 7; SL 2006, ch 203, § 2; SL 2009, ch 4, § 7.

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