Section 417.066

Title XXVI TRADE AND COMMERCE

Chapter 417

Effective - 28 Aug 2007   

  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.

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