Title XXVI, TRADE AND COMMERCE

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, s…

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 o…

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 thi…

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 …

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 certifi…

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 …

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…

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. ­­-------- (L. 1973 H.B. 281 § 7)

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 c…

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 th…

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 maki…

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…

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 l…

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 t…

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 ack…

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 evide…

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…

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 la…

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, decorati…

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 un…

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,…

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. ­­-------- (RSMo 1939 § 15465) Prior revisions: 1929 § 14341; 1919 § 13275

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 misdemea…

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 trans…

417.210. Registration, when and how — contents — cancellation of fictitious name — ownership reflected in registration, when — registration effective and expiration dates — renewals, contents, effective date. — 1. Every person, general partnership, corporation, or other business …

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 …

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…

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. ­­-----…

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 cle…

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 w…

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 …

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, t…

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 o…

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, …

417.300. Dairy products containers — description, where filed — notice, how published — certificate of record. — 1. Any person engaged in manufacturing, bottling, or selling milk, buttermilk; cream or ice cream in any kind of receptacle, having the name of such person or other ma…

417.310. Receptacles — unlawful use. — It shall be unlawful for any person other than the one named in the certificate issued by the secretary of state as provided in section 417.300, without the written consent of the person named in such certificate, to fill any receptacle bear…

417.320. Receptacles — unlawful possession. — Any person having in possession or under control any receptacle bearing any name, mark or device recorded as provided in section 417.300 and not holding a written transfer or bill of sale therefor from the person named in the certific…

417.330. Search warrants — prosecution. — Whenever any person who has filed for record any such name, mark or device, or who has acquired from such person in writing the ownership of such name, mark or device, or the right to the exclusive use thereof, shall make oath before any …

417.340. Penalty. — Any person offending against any provision of sections 417.300 to 417.360 shall be deemed guilty of a misdemeanor, and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than five dollars nor more than twenty-f…

417.350. Terms construed. — As used in sections 417.300 to 417.360, the term "receptacle" shall include not only bottles, siphons, tins, kegs, barrels of all sizes, boxes, ice cream cabinets, cans and tubs, but all other receptacles used for holding any of the commodities named i…

417.360. "Sale" construed. — The requiring or taking of any deposit for any purpose upon such receptacle shall not be deemed nor held to be a "sale" either optionally or otherwise in any proceeding under sections 417.300 to 417.360. ­­-------- (RSMo 1939 § 14094) Prior revisions:…

417.400. Definitions. — As used in sections 417.400 to 417.436, the following terms mean: (1) "Contract", an agreement by which an invention developer undertakes to develop or promote an invention for a customer; (2) "Customer", any person who is solicited by, inquires about, see…

417.403. Disclosures required to be made in writing by invention developer to customer, content. — In the first oral communication with a customer or in the first written response to an inquiry by a customer, other than an oral communication or written response the primary purpos…

417.406. Contract for invention development services, form, content. — Every contract for invention development services shall set forth in at least 10-point boldface type, or equivalent size if handwritten, all of the following: (1) A full and detailed description of the acts or…

417.409. Cover sheet required for contract content — additional information on cover prohibited. — 1. A contract for invention development services shall have a conspicuous and legible cover sheet attached. The cover sheet shall set forth: (1) The name, home address, office addre…

417.412. Termination of contract, procedure — service on contract not required, when. — Until payment for invention development services is made, the parties to a contract for invention development services have the option to terminate the contract. The customer may exercise the …

417.415. Bond required for invention developer, when, amount — copy to be filed with department of economic development — cash deposit accepted instead of bond. — 1. Every invention developer rendering or offering to render invention development services in this state, who has ha…

417.418. Payment for services to be by check — taking other negotiable instrument, effect — contract limitation — execution of note or series of notes prohibited. — 1. In payment for invention development services, the invention developer shall not take from a customer a negotiab…

417.421. Records and correspondence retention requirement — customer's right to copy, cost, procedure. — Every invention developer shall maintain all records and correspondence relating to performance of each invention development service contract for a period of not less than th…

417.424. Contract unenforceable against customer, when, exceptions — waiver by customer void, exception. — 1. Any contract for invention development services that does not comply with the applicable provisions of sections 417.400 to 417.436 is unenforceable against the customer a…