Missouri Laws 417.005 – Definitions
As used in sections 417.005 to 417.066, unless the text clearly indicates otherwise, the following terms mean:
(1) “Applicant”, the person filing an application for registration of a trademark under sections 417.005 to 417.066, his legal representatives, successors or assigns;
Terms Used In Missouri Laws 417.005
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
(2) “Mark”, any trademark or service mark entitled to registration under sections 417.005 to 417.066 whether registered or not;
(3) “Person”, any individual, firm, partnership, corporation, association, union or other organization;
(4) “Registrant”, the person to whom the registration of a trademark under sections 417.005 to 417.066 is issued, his legal representatives, successors or assigns;
(5) “Service mark”, a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others;
(6) “Trademark”, any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others;
(7) “Trade name”, a word, name, symbol, device or any combination thereof used by a person to identify his business, vocation or occupation and distinguish it from the business, vocation or occupation of others;
(8) For the purposes of sections 417.005 to 417.066, a trademark shall be deemed to be “used” in this state (a) on goods when it is placed in any manner on the goods or their containers or on displays or documents associated with the goods or their sale or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in the state, and (b) on services when it is used or displayed in the sale or advertising of services and the services are rendered in this state; and
(9) For the purposes of sections 417.005 to 417.066, a mark shall be deemed to be “abandoned” when its use has been discontinued with intent not to resume such use. “Intent not to resume” may be inferred from circumstances.