417.011. Prohibited marks.

MISSOURI STATUTES AND CODES

Prohibited marks.

417.011. A mark by which the goods or services of anyapplicant for registration may be distinguished from the goods orservices of others shall not be registered if it:

(1) Consists of or comprises immoral, deceptive orscandalous matter; or

(2) Consists of or comprises matter which may disparage orfalsely suggest a connection with persons, living or dead,institutions, beliefs, or national symbols, or bring them intocontempt, or disrepute; or

(3) Consists of or comprises the flag or coat of arms orother insignia of the United States, or of any state ormunicipality, or of any foreign nation, or any simulationthereof; or

(4) Consists of or comprises the name, signature or portraitof any living individual, except with the written consent; or

(5) Consists of a mark which, (a) when applied to the goodsor services of the applicant, is merely descriptive ordeceptively misdescriptive of them, or (b) when applied to thegoods or services of the applicant, is primarily geographicallydescriptive or deceptively misdescriptive of them, or (c) isprimarily merely a surname; provided, however, that nothing inthis section shall prevent the registration of a mark used inthis state by the applicant which has become distinctive of theapplicant's goods or services. The secretary of state may acceptas evidence that the mark has become distinctive, as applied tothe applicant's goods or services, proof of continuous usethereof as a mark by the applicant in the state or elsewhere forthe five years next preceding the date of the filing of theapplication for registration; or

(6) Consists of or comprises a mark which so resembles amark registered in this state, or a mark or trade name previouslyused in this state by another and not abandoned, as to be likely,when applied to the goods or services of the applicant, to causeconfusion or mistake or to deceive.