40-19-20 Conflict by unrecorded brand--Statement by users of registered brand--Notice and hearing o...
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.