Missouri Laws 417.066 – Common law marks not affected — actions to require cancellation of a mark ..
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.
Terms Used In Missouri Laws 417.066
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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.