Section 417.051 – Fraudulent filing or registration — civil damages to injured party.
Effective – 28 Aug 1973 417.051. Fraudulent filing or registration — civil damages to injured party. — Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary of state under the provisions hereof, by knowingly making any false […]
Section 417.056 – Prohibited acts — civil action for damages, when.
Effective – 28 Aug 1973 417.056. Prohibited acts — civil action for damages, when. — Subject to the provisions of section 417.066, any person who shall: (1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under sections 417.005 to 417.066 in connection with the sale, […]
Section 417.061 – Injunctive relief, when — order for payment to owner of mark — destruction of counterfeit marks.
Effective – 28 Aug 1995 417.061. Injunctive relief, when — order for payment to owner of mark — destruction of counterfeit marks. — 1. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under sections 417.005 to 417.066, or a mark valid at common law, or a […]
Section 417.066 – Common law marks not affected — actions to require cancellation of a mark or to compel registration, venue, parties.
Effective – 28 Aug 2007 417.066. Common law marks not affected — actions to require cancellation of a mark or to compel registration, venue, parties. — 1. Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. 2. Actions to require […]
Section 417.005 – Definitions.
Effective – 28 Aug 1995 417.005. Definitions. — As used in sections 417.005 to 417.066, unless the text clearly indicates otherwise, the following terms mean: (1) “Applicant”, the person filing an application for registration of a trademark under sections 417.005 to 417.066, his legal representatives, successors or assigns; (2) “Mark”, any trademark or service mark […]
Section 417.011 – Prohibited marks.
Effective – 28 Aug 1973 417.011. Prohibited marks. — A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it: (1) Consists of or comprises immoral, deceptive or scandalous matter; or (2) Consists of or comprises matter […]
Section 417.016 – Registration of trademark — application, contents — information required by secretary of state — fee, how payable — refusal to register mark, procedure.
Effective – 28 Aug 1995 417.016. Registration of trademark — application, contents — information required by secretary of state — fee, how payable — refusal to register mark, procedure. — 1. Subject to the limitations set forth in sections 417.005 to 417.066, any person who adopts and uses a mark in this state may file […]
Section 417.018 – Additional fee — expiration date.
Effective – 28 Aug 2020, 3 histories 417.018. Additional fee — expiration date. — The secretary of state may collect an additional fee of five dollars on each and every fee required in this chapter. All fees collected as provided in this section shall be deposited in the state treasury and credited to the secretary […]
Section 417.021 – Certificate of registration, how issued — admissible as evidence — duplicate of certificate, application, fee — abstract of mark, fee.
Effective – 28 Aug 1995 417.021. Certificate of registration, how issued — admissible as evidence — duplicate of certificate, application, fee — abstract of mark, fee. — 1. Upon compliance by the applicant with the requirements of sections 417.005 to 417.066, the secretary of state shall cause a certificate of registration to be issued and […]
Section 417.026 – Term of registration — notice of expiration, when required.
Effective – 28 Aug 1995 417.026. Term of registration — notice of expiration, when required. — 1. Registration of a mark hereunder shall be effective for a term of ten years from the date of registration and, upon application filed within six months prior to the expiration of such term, on a form to be […]