37-6-4. Definition of terms used in mark registration law. Terms used in §§ 37-6-4 to 37-6-27, inclusive, mean:

(1) "Applicant," embraces the person filing an application for registration of a mark under § 37-6-5, the person's legal representatives, successors, or assigns;

(2) "Emblem," any badge, motto, button, decoration, charm, rosette, or such other insignia;

(3) "Mark," includes any trademark or service mark entitled to registration under §§ 37-6-4 to 37-6-27, inclusive, whether registered or not;

(4) "Person," any individual, firm, partnership, limited liability company, corporation, association, union or other organization;

(5) "Registrant," the person to whom the registration of a mark under § 37-6-13 is issued, the person's legal representatives, successors, or assigns;

(6) "Service mark," a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others;

(7) A service mark is "used" if it is used or displayed in the sale or advertising of services and the services are rendered in this state;

(8) "Trademark," any word, name, symbol, emblem, or device or any combination thereof adopted and used by a person to identify goods made or sold by such person and to distinguish them from goods made or sold by others;

(9) For the purposes of §§ 37-6-4 to 37-6-27, inclusive, a trade mark is "used" if it is placed in any manner on the goods or their containers or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in this state.Source: SDC 1939, § 51.0902; SL 1955, ch 232, § 1; SDC Supp 1960, § 51.0901; SL 1980, ch 264, § 2; SL 1994, ch 351, § 86.