Section 417.005

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.

­­--------

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