Missouri Revised Statutes













Chapter 417

Trademarks, Names and Private Emblems

←417.467

Section 417.005.1

417.011→

August 28, 2015

Definitions.

417.005. 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.



(L. 1973 H.B. 281 § 1, A.L. 1995 S.B. 80 & 88)







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