☰ Revisor of Missouri

Title XXVI TRADE AND COMMERCE

Chapter 417

< > Effective - 28 Aug 2007    bottom

  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.

­­--------

(L. 1973 H.B. 281 § 14, A.L. 1995 S.B. 80 & 88, A.L. 2007 S.B. 613 Revision)


---- end of effective  28 Aug 2007 ----

use this link to bookmark section  417.066


Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law
In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions End Report

Site changes Pictures Contact

Other Links
Legislative Research Oversight MOLIS
Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House