417.170. Adoption of name and emblem — registration form, fee. — 1. Every person, society, association or corporation, assuming, adopting or using the name of a military, ex-military, patriotic, benevolent, humane, fraternal or charitable organization incorporated or organized under the laws of this or any other state or of the United States, and members whereof may wear or exhibit the recognized or established badge, button, emblem, decoration, insignia or charm thereof, or any emblem, insignia or charm representing a component part of the recognized or established badge, button, emblem, decoration, insignia or charm, may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of the name of such military, ex-military, patriotic, benevolent, humane, fraternal or charitable organization, together with a description of such recognized and established badge, button, emblem, decoration, insignia or charm, and the component parts of such badge, button, emblem, decoration, insignia or charm. The application shall be accompanied by the actual, recognized and established badge, button, emblem, decoration, insignia or charm and the required fee of fifty dollars.
2. Upon compliance by the applicant with the requirements of sections 417.150 to 417.180, the secretary of state shall deliver to such person, society, association or corporation so filing the same a duly attested certificate of registration of the same.
3. Such certificate shall, in all suits and prosecutions under sections 417.150 to 417.180, be sufficient proof of the adoption of such badge, button, emblem, decoration, insignia or charm, and the component parts thereof, and of the right of such person, society, association or corporation to adopt the same.
4. Applications for assignments, renewals, duplicate certificates and abstracts of emblems shall be accompanied by a fee in the same amount as required for such application with respect to a trademark as established under sections 417.005 to 417.066.
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(RSMo 1939 § 15464, A.L. 1947 V. I p. 560, A.L. 1995 S.B. 80 & 88)
Prior revisions: 1929 § 14340; 1919 § 13274
---- end of effective 28 Aug 1995 ----
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