reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.635 - Civil action by injured party authorized.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1993
416.635. Civil action by injured party authorized. —
Any person who is injured in his business or property in a relevant geographic market by reason of anything forbidden or declared unlawful by sections 416.600 to 416.640 may sue therefor in any circuit court of this state in which the defendant or defendants, or any of them, reside, or have any officer, agent or representative, or in which any such defendant, or any agent, officer or representative may be found. Such action shall be brought within four years of the alleged occurrence. Such person may:
(1) Sue for damages sustained by such person, and if the judgment is for the plaintiff, such person shall be awarded threefold damages by him sustained and reasonable attorney's fees as determined by the court, together with the costs of suit; and
(2) Bring proceedings to enjoin the unlawful practices, and if decree is for the plaintiff, such person shall be awarded reasonable attorney's fees as determined by the court, together with the costs of the suit.
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(L. 1993 S.B. 374)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.650 - Definitions

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 2014
416.650. Definitions —
For purposes of sections 416.650 to 416.658, the following terms shall mean:
(1)
"Demand letter"
, a letter, email, or other communication asserting or claiming that a target has engaged in patent infringement, but shall not include a petition filed in a court of appropriate jurisdiction;
(2)
"Target"
, an end user who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale and that is, or later becomes, the subject of a patent infringement allegation.
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(L. 2014 S.B. 706)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.654 - Cause of action available to targets of bad faith assertions.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 2014
416.654. Cause of action available to targets of bad faith assertions. —
If one or more persons or entities believe they have been a target of a bad faith assertion of patent infringement in a demand letter, those persons or entities shall have a private right to a cause of action as follows:
(1) An action based on a violation or violations of section 416.652 to enjoin such violation or violations;
(2) An action based on a violation or violations of section 416.652 to recover actual monetary loss from such a violation or violations, or to receive ten thousand dollars in damages for each such violation, whichever is greater; and
(3) Upon any successful action under this section to recover their attorney's fees.
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(L. 2014 S.B. 706)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.656 - Attorney general's authority — awards credited to antitrust revolving fund, when.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 2014
416.656. Attorney general's authority — awards credited to antitrust revolving fund, when. —
1. The attorney general's authority under this chapter to investigate, restrain, and prosecute civil actions under the Missouri antitrust law shall apply to investigating and prosecuting actions under sections 416.650 to 416.658.
2. In an action brought by the attorney general under this chapter the court may award or impose any relief available to a person under sections 416.650 to 416.658.
3. Monetary awards or settlements recovered by the attorney general, aside from awards to a target, may be credited to the antitrust revolving fund and be similarly available for the payment of all costs and expenses incurred by the attorney general in investigation, prosecution, or enforcement of the provisions of sections 416.650 to 416.658.
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(L. 2014 S.B. 706)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.658 - Other remedies not limited — inapplicability of act, when.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 2014
416.658. Other remedies not limited — inapplicability of act, when. —
1. Sections 416.650 to 416.658 shall not be construed to limit the rights or remedies available to any person or the state under any other law with regard to conduct involving assertions of patent infringement provided that it shall not be an unfair or deceptive trade practice for any person who owns or has the right to license or enforce a patent to notify another of that ownership or right of license or enforcement, to notify another that the patent is available for license or sale, to notify another of the infringement of that patent under the provisions of Title 35 of the United States Code, or to seek compensation on account of a past or present infringement, or for a license, when it is reasonable to believe that the person from whom compensation is sought may owe such compensation.
2. The provisions of sections 416.650 to 416.658 shall not apply to a demand letter or assertion of patent infringement that includes a claim for relief arising under 35 U.S.C. Section 271(e)(2) or 42 U.S.C. Section 262.
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(L. 2014 S.B. 706)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.005 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 417
• 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 entitled to registration under sections 417.005 to 417.066 whether registered or not;
(3)
"Person"
, any individual, firm, partnership, corporation, association, union or other organization;
(4)
"Registrant"
, the person to whom the registration of a trademark under sections 417.005 to 417.066 is issued, his legal representatives, successors or assigns;
(5)
"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;
(6)
"Trademark"
, any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others;
(7)
"Trade name"
, a word, name, symbol, device or any combination thereof used by a person to identify his business, vocation or occupation and distinguish it from the business, vocation or occupation of others;
(8) For the purposes of sections 417.005 to 417.066, a trademark shall be deemed to be
"used"
in this state (a) on goods when it is placed in any manner on the goods or their containers or on displays or documents associated with the goods or their sale or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in the state, and (b) on services when it is used or displayed in the sale or advertising of services and the services are rendered in this state; and
(9) For the purposes of sections 417.005 to 417.066, a mark shall be deemed to be
"abandoned"
when its use has been discontinued with intent not to resume such use.
"Intent not to resume"
may be inferred from circumstances.
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(L. 1973 H.B. 281 § 1, A.L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.011 - Prohibited marks.

Title XXVI TRADE AND COMMERCE
Chapter 417
• 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 which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or
(3) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; or
(4) Consists of or comprises the name, signature or portrait of any living individual, except with the written consent; or
(5) Consists of a mark which, (a) when applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them, or (b) when applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them, or (c) is primarily merely a surname; provided, however, that nothing in this section shall prevent the registration of a mark used in this state by the applicant which has become distinctive of the applicant's goods or services. The secretary of state may accept as evidence that the mark has become distinctive, as applied to the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in the state or elsewhere for the five years next preceding the date of the filing of the application for registration; or
(6) Consists of or comprises a mark which so resembles a mark registered in this state, or a mark or trade name previously used in this state by another and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive.
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(L. 1973 H.B. 281 § 2)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.018 - Additional fee — expiration date.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 2020, 4 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 of state's technology trust fund account. The provisions of this section shall expire on December 31, 2026.
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(L. 1994 S.B. 635, A.L. 2001 H.B. 453 merged with S.B. 288, A.L. 2008 S.B. 1150, A.L. 2017 S.B. 95, A.L. 2020 S.B. 631)
Expires 12-31-26
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.021 - Certificate of registration, how issued — admissible as evidence — duplicate of certificate, application, fee — abstract of mark, fee.

Title XXVI TRADE AND COMMERCE
Chapter 417
• 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 delivered to the applicant. The certificate of registration shall be issued under the signature of the secretary of state and the seal of the state, and it shall show the name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class of goods or services and a description of the goods or services on which the mark is used, a reproduction of the mark, the registration date and the term of the registration.
2. Any certificate of registration issued by the secretary of state under the provisions hereof or a copy thereof duly certified by the secretary of state shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any action or judicial proceedings in any court of this state.
3. A registrant shall receive a duplicate of a certificate upon application for such duplicate on a form authorized or furnished by the secretary of state and the payment of a fee of ten dollars.
4. A registrant shall receive an abstract of a mark upon application for such abstract on a form authorized or furnished by the secretary of state and the payment of a fee of five dollars.
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(L. 1973 H.B. 281 § 4, A.L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.026 - Term of registration — notice of expiration, when required.

Title XXVI TRADE AND COMMERCE
Chapter 417
• 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 authorized or furnished by the secretary of state, the registration may be renewed for a like term. A renewal fee of ten dollars, payable to the director of revenue, shall accompany the application for renewal of the registration. A mark registration may be renewed for successive periods of ten years in like manner.
2. The secretary of state shall notify registrants of marks hereunder of the necessity of renewal within the year next preceding the expiration of the ten years from the date of registration, by writing to the last known address of the registrants.
3. Any registration in force on September 28, 1973, shall expire ten years from the date of the registration or of the last renewal thereof or September 28, 1974, whichever is later, and may be renewed by filing an application with the secretary of state on a form authorized or furnished by him and paying the aforementioned renewal fee therefor within six months prior to the expiration of the registration.
4. All applications for renewals under sections 417.005 to 417.066 whether of registrations made under sections 417.005 to 417.066 or of registrations effected under any prior act, shall include a statement that the mark is still in use in this state.
5. The secretary of state shall within six months after September 28, 1973, notify all registrants of marks under previous acts of the date of expiration of such registrations unless renewed in accordance with the provisions of sections 417.005 to 417.066, by writing to the last known address of the registrants.
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(L. 1973 H.B. 281 § 5, A.L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.031 - Assignment of mark, procedure.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.031. Assignment of mark, procedure. —
1. Any mark and its registration hereunder shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Assignment shall be in writing upon transmittal forms authorized or furnished by the secretary of state and may be recorded with the secretary of state upon the payment of a fee of fifty dollars payable to the director of revenue who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under sections 417.005 to 417.066 shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary of state within three months after the date thereof or prior to such subsequent purchase.
2. Any registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record, upon a transmittal form authorized or furnished by the secretary of state, a certificate of change of name of the registrant or applicant with the secretary of state upon the payment of the recording fee. The secretary of state may issue in the name of the assignee a certificate of registration of an assigned application. The secretary of state may issue in the name of the assignee, a new certificate or registration for the remainder of the term of the registration or last renewal thereof.
3. Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the secretary of state, the record shall be prima facie evidence of execution.
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(L. 1973 H.B. 281 § 6, A.L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.036 - Registry of marks open to public.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1973
417.036. Registry of marks open to public. —
The secretary of state shall keep for public examination a record of all marks registered or renewed under sections 417.005 to 417.066.
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(L. 1973 H.B. 281 § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.041 - Cancellation of marks, when.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.041. Cancellation of marks, when. —
The secretary of state shall cancel from the register:
(1) After September 28, 1974, all registrations under prior acts which are more than ten years old and not renewed in accordance with sections 417.005 to 417.066;
(2) Any registration concerning which the secretary of state shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(3) All registrations granted under sections 417.005 to 417.066 and not renewed in accordance with the provisions hereof;
(4) Any registration concerning which a court of competent jurisdiction shall find:
(a) That the registered mark has been abandoned; or
(b) That the registrant is not the owner of the mark; or
(c) That the registration was granted improperly; or
(d) That the registration was obtained fraudulently; or
(e) That the mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or
(f) That the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent and Trademark Office, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; provided, however, that should the registrant prove that he is the owner of a concurrent registration of his mark in the United States Patent and Trademark
*
Office covering an area including this state, the registration hereunder shall not be cancelled;
(5) When a court of competent jurisdiction shall order cancellation of a registration on any ground.
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(L. 1973 H.B. 281 § 8, A.L. 1995 S.B. 80 & 88)
*Words "and Trademark" do not appear in original rolls.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.046 - Classes of goods and services — single application for mark to cover only one class.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.046. Classes of goods and services — single application for mark to cover only one class. —
1. The general classes of goods and services as provided in this section are established for convenience of administration of sections 417.005 to 417.066, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used comprised in a single class, but in no event shall a single application include goods or services upon which the mark is being used which fall within different classes of goods or services.
2. The classes of goods and services are as follows: GOODS
(1) Chemicals;
(2) Paints;
(3) Cosmetics and cleaning preparations;
(4) Lubricants and fuels;
(5) Pharmaceuticals;
(6) Metal goods;
(7) Machinery;
(8) Hand tools;
(9) Electrical and scientific apparatus;
(10) Medical apparatus;
(11) Environmental control apparatus;
(12) Vehicles;
(13) Firearms;
(14) Jewelry;
(15) Musical instruments;
(16) Paper goods and printed matter;
(17) Rubber goods;
(18) Leather goods;
(19) Nonmetallic building materials;
(20) Furniture and articles not otherwise classified;
(21) Housewares and glass;
(22) Cordage and fibers;
(23) Yarns and threads;
(24) Fabrics;
(25) Clothing;
(26) Fancy goods;
(27) Floor coverings;
(28) Toys and sporting goods;
(29) Meats and processed foods;
(30) Staple foods;
(31) Natural agricultural products;
(32) Light beverages;
(33) Wines and spirits; and
(34) Smokers' articles. SERVICES
(35) Advertising and business;
(36) Insurance and financial;
(37) Construction and repair;
(38) Communications;
(39) Transportation and storage;
(40) Material treatment;
(41) Education and entertainment; and
(42) Miscellaneous.
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(L. 1973 H.B. 281 § 9, A.L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.051 - Fraudulent filing or registration — civil damages to injured party.

Title XXVI TRADE AND COMMERCE
Chapter 417
• 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 or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
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(L. 1973 H.B. 281 § 10)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.056 - Prohibited acts — civil action for damages, when.

Title XXVI TRADE AND COMMERCE
Chapter 417
• 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, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or
(2) Reproduce, counterfeit, copy or colorably imitate any such mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution in this state of such goods or services;
­­shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in section 417.061, except that under subdivision (2) hereof the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.
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(L. 1973 H.B. 281 § 11)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.061 - Injunctive relief, when — order for payment to owner of mark — destruction of counterfeit marks.

Title XXVI TRADE AND COMMERCE
Chapter 417
• 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 trade name valid at common law, shall be a ground for injunctive relief notwithstanding the absence of competition between the parties or the absence of confusion as to the source of goods or services.
2. Any owner of a mark registered under sections 417.005 to 417.066 may proceed by suit to enjoin the manufacturer, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from or damages suffered by reason of such wrongful manufacture, use, display or sale; and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment in such cases where the court finds that a party committed such wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case.
3. The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.
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(L. 1973 H.B. 281 §§ 12, 13, A.L. 1995 S.B. 80 & 88)
(1998) Federal trademark registration is a defense to state antidilution statute, but does not preempt the field. Viacom Inc. v. Ingram Enterprises, Inc., 141 F.3d 886 (8th Cir.).
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.066 - Common law marks not affected — actions to require cancellation of a mark or to compel registration, venue, parties.

Title XXVI TRADE AND COMMERCE
Chapter 417
• 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 cancellation of a mark registered pursuant to sections 417.005 to 417.066 shall be brought in a court of competent jurisdiction. Actions seeking an extraordinary writ to compel registration of a mark pursuant to sections 417.005 to 417.066 shall be brought in the circuit court of Cole County. In an action seeking an extraordinary writ, the proceeding shall be based solely upon the record before the secretary of state. In an action for cancellation, the secretary of state shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court and shall be given the right to intervene in the action.
3. In any action brought against a nonresident registrant, service may be effected upon the agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under section 351.594.
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(L. 1973 H.B. 281 § 14, A.L. 1995 S.B. 80 & 88, A.L. 2007 S.B. 613 Revision)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.100 - Facsimile of brands to be recorded.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1939
417.100. Facsimile of brands to be recorded. —
1. No person shall manufacture any flour, grits, hominy or meal until he shall have filed with the recorder of deeds of the county in which his business is conducted, and acknowledged the same as deeds to lands are required to be acknowledged, a facsimile of each of the brands he intends to use, which shall contain the colors to be used in applying the same, the weight and quality of the flour, grits, hominy or meal, and the name of the manufacturer thereof, or of some person in his employ, and the state or town or place and the mill where manufactured.
2. Should any manufacturer claim any of his said brands, or any part of the same, as a trademark, the said recorder shall record his claim, and thereafter it shall not be lawful for any other person to use such brand; provided, always, that this section shall not be construed to interfere with the right to any brand or trademark copyrighted or patented in pursuance of an act of Congress.
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(RSMo 1939 § 9919)
Prior revisions: 1929 § 13079; 1919 § 5725; 1909 § 6619
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.130 - Recorder's certificate, evidence.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1939
417.130. Recorder's certificate, evidence. —
It shall be the duty of each recorder of deeds within the state to keep a book in his office, in which to record the flour brands provided for in section 417.100, and a certified copy of any such record, by the recorder, shall be evidence in all courts of the making and filing and contents thereof.
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(RSMo 1939 § 9921)
Prior revisions: 1929 § 13081; 1919 § 5727; 1909 § 6621
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.140 - Penalty.

Title XXVI TRADE AND COMMERCE
Chapter 417
Effective - 28 Aug 1949
417.140. Penalty. —
Any person doing any of the acts in sections 417.100 and 417.130 prohibited, or omitting to do any of the acts thereby commanded, shall be guilty of a misdemeanor, and for each and every offense shall be punished by a fine of not less than twenty nor more than two hundred dollars, one-half of which shall be paid to the person who shall be named as prosecuting witness.
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(RSMo 1939 § 9922, A. 1949 H.B. 2111)
Prior revisions: 1929 § 13082; 1919 § 5728; 1909 § 6622
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.150 - Misuse of names of certain societies prohibited.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1939
417.150. Misuse of names of certain societies prohibited. —
1. No person, society, association or corporation shall assume, adopt or use the name of a military, ex-military, patriotic, benevolent, humane, fraternal or charitable organization incorporated or organized under the laws of this or any other state or of the United States, or a name so nearly resembling the name of such incorporated organization as to be a colorable imitation thereof, or calculated to deceive any person with respect to such corporation.
2. In all cases where two or more such societies, associations, corporations or organizations claim the right to the same name or names substantially similar as above provided, the organization which was first organized and used the name and first became incorporated or organized under the laws of the United States or of any state in the union, shall be entitled in this state to the prior and exclusive use of such name, and the rights of such societies, associations, corporations or organizations and of their individual members shall be fixed and determined accordingly.
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(RSMo 1939 § 15462)
Prior revisions: 1929 § 14338; 1919 § 13272
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.160 - Use of emblems regulated.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1939
417.160. Use of emblems regulated. —
No person shall wear or exhibit the recognized or established badge, button, emblem, decoration, insignia or charm, or any emblem, insignia or charm representing a component part of the recognized or established badge, button, emblem, decoration, insignia or charm, or shall assume or use the name of any military, ex-military, patriotic, benevolent, humane, fraternal or charitable corporation incorporated or organized under the law of this or any other state or of the United States, or shall assume or claim to be a member thereof, or of a military, ex-military, patriotic, benevolent, humane, fraternal or charitable corporation the name of which shall so nearly resemble the name of any other corporation or organization existing prior to the organization of the corporation, association or organization of which such person may claim to be a member, the name whereof may be calculated to deceive people with respect to any such prior corporation or organization, unless he shall be authorized under the laws, statutes, rules, regulations and bylaws of such former corporation or organization to wear such recognized or established badge, button, emblem, decoration, insignia or charm, or such component part or parts of such recognized and established badge, button, emblem, decoration, insignia or charm, to use and assume such name as a member thereof.
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(RSMo 1939 § 15463)
Prior revisions: 1929 § 14339; 1919 § 13273)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.170 - Adoption of name and emblem — registration form, fee.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.170. Adoption of name and emblem — registration form, fee. —
1. Every person, society, association or corporation, assuming, adopting or using the name of a military, ex-military, patriotic, benevolent, humane, fraternal or charitable organization incorporated or organized under the laws of this or any other state or of the United States, and members whereof may wear or exhibit the recognized or established badge, button, emblem, decoration, insignia or charm thereof, or any emblem, insignia or charm representing a component part of the recognized or established badge, button, emblem, decoration, insignia or charm, 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 the name of such military, ex-military, patriotic, benevolent, humane, fraternal or charitable organization, together with a description of such recognized and established badge, button, emblem, decoration, insignia or charm, and the component parts of such badge, button, emblem, decoration, insignia or charm. The application shall be accompanied by the actual, recognized and established badge, button, emblem, decoration, insignia or charm and the required fee of fifty dollars.
2. Upon compliance by the applicant with the requirements of sections 417.150 to 417.180, the secretary of state shall deliver to such person, society, association or corporation so filing the same a duly attested certificate of registration of the same.
3. Such certificate shall, in all suits and prosecutions under sections 417.150 to 417.180, be sufficient proof of the adoption of such badge, button, emblem, decoration, insignia or charm, and the component parts thereof, and of the right of such person, society, association or corporation to adopt the same.
4. Applications for assignments, renewals, duplicate certificates and abstracts of emblems shall be accompanied by a fee in the same amount as required for such application with respect to a trademark as established under sections 417.005 to 417.066.
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(RSMo 1939 § 15464, A.L. 1947 V. I p. 560, A.L. 1995 S.B. 80 & 88)
Prior revisions: 1929 § 14340; 1919 § 13274
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.175 - Registration of emblem effective for five years, renewal procedure, fee.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.175. Registration of emblem effective for five years, renewal procedure, fee. —
1. Registration of an emblem hereunder shall be effective for a term of five 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 furnished by the secretary of state, the registration may be renewed for a like term. The required renewal fee of twenty-five dollars shall accompany the application for renewal of the registration. An emblem registration may be renewed for successive periods of five years in a like manner.
2. All applications for renewals under sections 417.170 to 417.180, whether for registrations made under sections 417.170 to 417.180 or for registrations effected under any prior act, shall include a statement that the emblem is still in use in this state.
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(L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.180 - Penalty for violation.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1939
417.180. Penalty for violation. —
Any person violating any of the provisions of sections 417.150 to 417.180 shall be deemed guilty of a misdemeanor.
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(RSMo 1939 § 15465)
Prior revisions: 1929 § 14341; 1919 § 13275
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.190 - Penalty for improper use of emblem of automobile club.

Title XXVI TRADE AND COMMERCE
Chapter 417
Effective - 28 Aug 1949
417.190. Penalty for improper use of emblem of automobile club. —
Any person who shall display on a motor vehicle the emblem or insignia of any automobile or motor vehicle club, association or other organization when he is not a member thereof shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than five dollars nor more than five hundred dollars or by imprisonment in the county jail for not more than two years or by both said fine and imprisonment.
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(RSMo 1939 §§ 8401, 8404, A. 1949 H.B. 2111)
Prior revision: 1929 §§ 7783, 7786
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.200 - Fictitious names to be registered.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1939
417.200. Fictitious names to be registered. —
That every name under which any person shall do or transact any business in this state, other than the true name of such person, is hereby declared to be a fictitious name, and it shall be unlawful for any person to engage in or transact any business in this state under a fictitious name without first registering same with the secretary of state as herein required.
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(RSMo 1939 § 15466)
Prior revisions: 1929 § 14342; 1919 § 13276
CROSS REFERENCE:
Corporate names, reservation of, exclusive use, 351.110, 351.115
(1957) Failure to register fictitious name is not a defense to action to enjoin use of confusing similar name in absence of claim of bad faith or other wrong. Better Business Bureau v. Chappell (A.), 307 S.W.2d 510.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.217 - Foreign businesses, registration, when — exemption from, when.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 2004
417.217. Foreign businesses, registration, when — exemption from, when. —
Foreign business entities which have any owning interest or part in this business may be required to register with the secretary of state as prescribed. The foreign business entity may be required to first obtain a certificate of authority unless otherwise exempt by Missouri law.
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(L. 1983 S.B. 367, A.L. 1990 H.B. 1432, A.L. 2004 H.B. 1664)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.220 - Registration fee.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 2014, 2 histories
417.220. Registration fee. —
1. For the registration or renewal of each fictitious name under sections 417.200 to 417.230 there shall be paid to the state director of revenue a fee of two dollars if filed electronically in a format prescribed by the secretary of state or if filed in a written format prescribed by the secretary of state.
2. Fees mandated in subsection 1 of this section shall be waived if a party owning any interest or part in the business is a member of the Missouri National Guard or any other active duty military, resides in the state of Missouri, and provides proof of such service to the secretary of state.
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(RSMo 1939 § 15468, A.L. 1947 V. I p. 560, A.L. 2004 H.B. 1664, A.L. 2014 S.B. 600)
Prior revisions: 1929 § 14344; 1919 § 13278
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.230 - Penalty for failure to register.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1939
417.230. Penalty for failure to register. —
Any person who shall engage in or transact any business in this state under a fictitious name, as in sections 417.200 to 417.230 defined, without registering such name as herein required, shall be deemed guilty of a misdemeanor.
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(RSMo 1939 § 15469)
Prior revisions: 1929 § 14345; 1919 § 13279
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.240 - Owner of farm may register name of same.

Title XXVI TRADE AND COMMERCE
Chapter 417
Effective - 28 Aug 1939
417.240. Owner of farm may register name of same. —
Any farm owner in this state may, upon the payment of one dollar to the clerk of the county commission in the county in which said farm owner may reside, have the name of his farm duly recorded in a register which the county clerk shall keep for said purpose, and shall be furnished a certificate, issued under seal, and setting forth the name and location of the farm and the name of the owner; provided, that when any name shall have been recorded as the name of any farm, such name shall not be recorded as the name of any other farm in the same county, except by prefixing or adding designating words thereto.
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(RSMo 1939 § 14250)
Prior revisions: 1929 § 12587; 1919 § 12108; 1909 § 732
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.250 - Description of mark, where filed — notice of use.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1939
417.250. Description of mark, where filed — notice of use. —
Persons engaged in manufacturing, bottling or selling liquids in vessels with their name branded, engraved, blown or otherwise produced thereon, may file in the office of the recorder of deeds of the city or county in which the principal place of business of said persons is situated, and also in the office of the secretary of state, a description of the name so used by them, and shall publish such description once in each of four successive weeks in a newspaper published in the city or county in which said description has been filed.
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(RSMo 1939 § 15471)
Prior revisions: 1929 § 14347; 1919 § 13281
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.260 - Duties of recorder and secretary of state — fees.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1939
417.260. Duties of recorder and secretary of state — fees. —
1. It shall be the duty of the recorder of deeds of and for the respective cities and counties of this state and of the secretary of state to keep a separate book of record in which shall be kept, properly indexed, the description referred to in section 417.250, together with a proof of the publication of the said description properly verified before a notary public, and a copy of the said description and proof of publication, duly certified by the recorder of deeds or the secretary of state, shall be competent evidence of the said filing and publication.
2. The recorder of deeds and the secretary of state shall be allowed a fee of three dollars for the filing of the said description and proof of publication, and a fee of five dollars for furnishing a certified copy thereof.
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(RSMo 1939 § 15472)
Prior revisions: 1929 § 14348; 1919 § 13282)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.270 - Penalty for violation.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1955
417.270. Penalty for violation. —
Whoever fills with a liquid any vessel so marked or distinguished as aforesaid, the description of which has been filed and published as provided in section 417.250, with intent to sell the said liquid in the said vessel, or sells, buys, gives, takes, uses or otherwise disposes of or traffics in any said vessel or any part thereof, without the written consent of, or unless the same has been purchased from, the person whose name is in or upon the vessel so filled, trafficked in, or otherwise used or disposed of, shall, on conviction, be adjudged guilty of a misdemeanor and punished by a fine of not less than fifty cents nor more than five dollars for each such vessel, or by imprisonment for not more than six months, or by both such fine and imprisonment.
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(RSMo 1939 § 15473, A.L. 1955 p. 847)
Prior revisions: 1929 § 14349; 1919 § 13283
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.280 - What constitutes evidence.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1939
417.280. What constitutes evidence. —
The use by any person engaged in manufacturing, bottling or selling liquids, of a vessel marked or distinguished as aforesaid, the description of which has been filed and published as provided in section 417.250, without the written consent of, or purchase from, the owner thereof, or the buying, selling, disposing of or trafficking in such vessels or any part thereof by such person without such written consent or purchase; or the possession by any junk dealer or dealer in secondhand articles of any such vessels, or any part thereof, without the written consent of or purchase from the owner thereof, shall be prima facie evidence of unlawful use, possession of or traffic in the same.
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(RSMo 1939 § 15474)
Prior revisions: 1929 § 14350; 1919 § 13284
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.290 - Acceptance of deposit does not constitute a sale.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1939
417.290. Acceptance of deposit does not constitute a sale. —
The taking or accepting by the owner of any deposit for any purpose upon any vessel registered under sections 417.250 to 417.290 shall not be deemed to constitute a sale of such vessel, either conditional or otherwise, in any proceeding under said sections.
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(RSMo 1939 § 15475)
Prior revision: 1929 § 14351