Missouri Revised Statutes













Chapter 417

Trademarks, Names and Private Emblems

←417.005

Section 417.011.1

417.016→

August 28, 2015

Prohibited marks.

417.011. 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.



(L. 1973 H.B. 281 § 2)







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