Registration of trademark--application, contents--informationrequired by secretary of state--fee, how payable--refusal to registermark, procedure.
417.016. 1. Subject to the limitations set forth in sections 417.005to 417.066, any person who adopts and uses a mark in this state may file inthe office of the secretary of state, on a form to be authorized orfurnished by the secretary of state, an application for registration ofthat mark setting forth, but not limited to, the following information:
(1) The name and business address of the person applying for suchregistration; and, if a corporation, the state of incorporation;
(2) The goods or services in connection with which the mark is usedand the mode or manner in which the mark is used in connection with suchgoods or services and the class in which such goods or services fall;
(3) The date when the mark was first used anywhere and the date whenit was first used in this state by the applicant or his predecessor inbusiness; and
(4) A statement that the applicant is the owner of the mark and thatno other person has the right to use such mark in this state either in theidentical form thereof or in such near resemblance thereto as might becalculated to deceive or to be mistaken therefor.
2. The application shall be signed and verified by the applicant orby a member of the firm or an officer of the corporation or associationapplying.
3. The application shall be accompanied by a specimen or facsimile ofsuch mark in triplicate.
4. The application for registration shall be accompanied by a fee offifty dollars, payable to the director of revenue.
5. The secretary of state may also require a statement as to whetheran application to register the mark, or portions or a composite thereof,has been filed by the applicant or a predecessor in interest in the UnitedStates Patent and Trademark Office; and, if so, the applicant shall providefull particulars with respect thereof including the filing date and serialnumber of each application, the status thereof and, if any application wasfinally refused registration or has otherwise not resulted in aregistration, the reasons therefor.
6. The secretary of state may also require that a drawing of themark, complying with such requirements as the secretary of state mayspecify, accompany the application.
7. Upon the filing of an application for registration and payment ofthe application fee, the secretary of state may cause the application to beexamined for conformity with sections 417.005 to 417.066.
8. The applicant shall provide any additional pertinent informationrequested by the secretary of state including a description of a designmark and may make, or authorize the secretary of state to make, suchamendments to the application as may be reasonably requested by thesecretary of state or deemed by the applicant to be advisable to respond toany rejection or objection.
9. The secretary of state may require the applicant to disclaim anunregisterable component of a mark otherwise registerable, and an applicantmay voluntarily disclaim a component of a mark sought to be registered. Nodisclaimer shall prejudice or affect the applicant's or registrant's rightsthen existing or thereafter arising in the disclaimed matter, or theapplicant's or registrant's rights of registration on another applicationif the disclaimed matter be or shall have become distinctive of theapplicant's or registrant's goods or services.
10. Amendments may be made by the secretary of state upon theapplication submitted by the applicant with the applicant's agreement; or afresh application may be required to be submitted.
11. If the applicant is found not to be entitled to registration, thesecretary of state shall advise the applicant thereof and of the reasonstherefor. The applicant shall have a reasonable period of time specifiedby the secretary of state in which to reply or to amend the application, inwhich event the application shall then be reexamined. This procedure maybe repeated until:
(1) The secretary of state finally refuses registration of the mark;or
(2) The applicant fails to reply or amend within the specifiedperiod, whereupon the application shall be deemed to have been abandoned.
12. If the secretary of state finally refuses registration of themark, the applicant may seek, in the circuit court of Cole County, anextraordinary writ to compel such registration. Such injunction may begranted, but without costs to the secretary of state, on proof that all thestatements in the application are true and that the mark is otherwiseentitled to registration.
13. In the instance of applications concurrently being processed bythe secretary of state seeking registration of the same or confusinglysimilar marks for the same or related goods or services, the secretary ofstate shall grant priority to the applications in order of filing. If aprior-filed application is granted a registration, the other application orapplications shall then be rejected. Any rejected applicant may bring anaction for cancellation of the registration upon grounds of prior orsuperior rights to the mark, in accordance with the provisions of section417.041.
Registration of trademark--application, contents--informationrequired by secretary of state--fee, how payable--refusal to registermark, procedure.
417.016. 1. Subject to the limitations set forth in sections 417.005to 417.066, any person who adopts and uses a mark in this state may file inthe office of the secretary of state, on a form to be authorized orfurnished by the secretary of state, an application for registration ofthat mark setting forth, but not limited to, the following information:
(1) The name and business address of the person applying for suchregistration; and, if a corporation, the state of incorporation;
(2) The goods or services in connection with which the mark is usedand the mode or manner in which the mark is used in connection with suchgoods or services and the class in which such goods or services fall;
(3) The date when the mark was first used anywhere and the date whenit was first used in this state by the applicant or his predecessor inbusiness; and
(4) A statement that the applicant is the owner of the mark and thatno other person has the right to use such mark in this state either in theidentical form thereof or in such near resemblance thereto as might becalculated to deceive or to be mistaken therefor.
2. The application shall be signed and verified by the applicant orby a member of the firm or an officer of the corporation or associationapplying.
3. The application shall be accompanied by a specimen or facsimile ofsuch mark in triplicate.
4. The application for registration shall be accompanied by a fee offifty dollars, payable to the director of revenue.
5. The secretary of state may also require a statement as to whetheran application to register the mark, or portions or a composite thereof,has been filed by the applicant or a predecessor in interest in the UnitedStates Patent and Trademark Office; and, if so, the applicant shall providefull particulars with respect thereof including the filing date and serialnumber of each application, the status thereof and, if any application wasfinally refused registration or has otherwise not resulted in aregistration, the reasons therefor.
6. The secretary of state may also require that a drawing of themark, complying with such requirements as the secretary of state mayspecify, accompany the application.
7. Upon the filing of an application for registration and payment ofthe application fee, the secretary of state may cause the application to beexamined for conformity with sections 417.005 to 417.066.
8. The applicant shall provide any additional pertinent informationrequested by the secretary of state including a description of a designmark and may make, or authorize the secretary of state to make, suchamendments to the application as may be reasonably requested by thesecretary of state or deemed by the applicant to be advisable to respond toany rejection or objection.
9. The secretary of state may require the applicant to disclaim anunregisterable component of a mark otherwise registerable, and an applicantmay voluntarily disclaim a component of a mark sought to be registered. Nodisclaimer shall prejudice or affect the applicant's or registrant's rightsthen existing or thereafter arising in the disclaimed matter, or theapplicant's or registrant's rights of registration on another applicationif the disclaimed matter be or shall have become distinctive of theapplicant's or registrant's goods or services.
10. Amendments may be made by the secretary of state upon theapplication submitted by the applicant with the applicant's agreement; or afresh application may be required to be submitted.
11. If the applicant is found not to be entitled to registration, thesecretary of state shall advise the applicant thereof and of the reasonstherefor. The applicant shall have a reasonable period of time specifiedby the secretary of state in which to reply or to amend the application, inwhich event the application shall then be reexamined. This procedure maybe repeated until:
(1) The secretary of state finally refuses registration of the mark;or
(2) The applicant fails to reply or amend within the specifiedperiod, whereupon the application shall be deemed to have been abandoned.
12. If the secretary of state finally refuses registration of themark, the applicant may seek, in the circuit court of Cole County, anextraordinary writ to compel such registration. Such injunction may begranted, but without costs to the secretary of state, on proof that all thestatements in the application are true and that the mark is otherwiseentitled to registration.
13. In the instance of applications concurrently being processed bythe secretary of state seeking registration of the same or confusinglysimilar marks for the same or related goods or services, the secretary ofstate shall grant priority to the applications in order of filing. If aprior-filed application is granted a registration, the other application orapplications shall then be rejected. Any rejected applicant may bring anaction for cancellation of the registration upon grounds of prior orsuperior rights to the mark, in accordance with the provisions of section417.041.
Registration of trademark--application, contents--informationrequired by secretary of state--fee, how payable--refusal to registermark, procedure.
417.016. 1. Subject to the limitations set forth in sections 417.005to 417.066, any person who adopts and uses a mark in this state may file inthe office of the secretary of state, on a form to be authorized orfurnished by the secretary of state, an application for registration ofthat mark setting forth, but not limited to, the following information:
(1) The name and business address of the person applying for suchregistration; and, if a corporation, the state of incorporation;
(2) The goods or services in connection with which the mark is usedand the mode or manner in which the mark is used in connection with suchgoods or services and the class in which such goods or services fall;
(3) The date when the mark was first used anywhere and the date whenit was first used in this state by the applicant or his predecessor inbusiness; and
(4) A statement that the applicant is the owner of the mark and thatno other person has the right to use such mark in this state either in theidentical form thereof or in such near resemblance thereto as might becalculated to deceive or to be mistaken therefor.
2. The application shall be signed and verified by the applicant orby a member of the firm or an officer of the corporation or associationapplying.
3. The application shall be accompanied by a specimen or facsimile ofsuch mark in triplicate.
4. The application for registration shall be accompanied by a fee offifty dollars, payable to the director of revenue.
5. The secretary of state may also require a statement as to whetheran application to register the mark, or portions or a composite thereof,has been filed by the applicant or a predecessor in interest in the UnitedStates Patent and Trademark Office; and, if so, the applicant shall providefull particulars with respect thereof including the filing date and serialnumber of each application, the status thereof and, if any application wasfinally refused registration or has otherwise not resulted in aregistration, the reasons therefor.
6. The secretary of state may also require that a drawing of themark, complying with such requirements as the secretary of state mayspecify, accompany the application.
7. Upon the filing of an application for registration and payment ofthe application fee, the secretary of state may cause the application to beexamined for conformity with sections 417.005 to 417.066.
8. The applicant shall provide any additional pertinent informationrequested by the secretary of state including a description of a designmark and may make, or authorize the secretary of state to make, suchamendments to the application as may be reasonably requested by thesecretary of state or deemed by the applicant to be advisable to respond toany rejection or objection.
9. The secretary of state may require the applicant to disclaim anunregisterable component of a mark otherwise registerable, and an applicantmay voluntarily disclaim a component of a mark sought to be registered. Nodisclaimer shall prejudice or affect the applicant's or registrant's rightsthen existing or thereafter arising in the disclaimed matter, or theapplicant's or registrant's rights of registration on another applicationif the disclaimed matter be or shall have become distinctive of theapplicant's or registrant's goods or services.
10. Amendments may be made by the secretary of state upon theapplication submitted by the applicant with the applicant's agreement; or afresh application may be required to be submitted.
11. If the applicant is found not to be entitled to registration, thesecretary of state shall advise the applicant thereof and of the reasonstherefor. The applicant shall have a reasonable period of time specifiedby the secretary of state in which to reply or to amend the application, inwhich event the application shall then be reexamined. This procedure maybe repeated until:
(1) The secretary of state finally refuses registration of the mark;or
(2) The applicant fails to reply or amend within the specifiedperiod, whereupon the application shall be deemed to have been abandoned.
12. If the secretary of state finally refuses registration of themark, the applicant may seek, in the circuit court of Cole County, anextraordinary writ to compel such registration. Such injunction may begranted, but without costs to the secretary of state, on proof that all thestatements in the application are true and that the mark is otherwiseentitled to registration.
13. In the instance of applications concurrently being processed bythe secretary of state seeking registration of the same or confusinglysimilar marks for the same or related goods or services, the secretary ofstate shall grant priority to the applications in order of filing. If aprior-filed application is granted a registration, the other application orapplications shall then be rejected. Any rejected applicant may bring anaction for cancellation of the registration upon grounds of prior orsuperior rights to the mark, in accordance with the provisions of section417.041.
