417.005. Definitions.

MISSOURI STATUTES AND CODES

Definitions.

417.005. As used in sections 417.005 to 417.066, unless the textclearly indicates otherwise, the following terms mean:

(1) "Applicant", the person filing an application for registration ofa trademark under sections 417.005 to 417.066, his legal representatives,successors or assigns;

(2) "Mark", any trademark or service mark entitled to registrationunder 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 trademarkunder 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 ofservices to identify the services of one person and distinguish them fromthe services of others;

(6) "Trademark", any word, name, symbol, or device or any combinationthereof adopted and used by a person to identify goods made or sold by himand to distinguish them from goods made or sold by others;

(7) "Trade name", a word, name, symbol, device or any combinationthereof used by a person to identify his business, vocation or occupationand distinguish it from the business, vocation or occupation of others;

(8) For the purposes of sections 417.005 to 417.066, a trademarkshall be deemed to be "used" in this state (a) on goods when it is placedin any manner on the goods or their containers or on displays or documentsassociated with the goods or their sale or on the tags or labels affixedthereto 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 ofservices and the services are rendered in this state; and

(9) For the purposes of sections 417.005 to 417.066, a mark shall bedeemed to be "abandoned" when its use has been discontinued with intent notto resume such use. "Intent not to resume" may be inferred fromcircumstances.