417.066. Common law marks not affected--actions to require cancellation of a mark or to compel registration, venue, parties.

MISSOURI STATUTES AND CODES

417.066. Common law marks not affected--actions to require cancellation of a mark or to compel registration, venue, parties.

Common law marks not affected--actions to require cancellation of amark or to compel registration, venue, parties.

417.066. 1. Nothing herein shall adversely affect the rights or theenforcement of rights in marks acquired in good faith at any time at commonlaw.

2. Actions to require cancellation of a mark registered pursuant tosections 417.005 to 417.066 shall be brought in a court of competentjurisdiction. Actions seeking an extraordinary writ to compel registrationof a mark pursuant to sections 417.005 to 417.066 shall be brought in thecircuit court of Cole County. In an action seeking an extraordinary writ,the proceeding shall be based solely upon the record before the secretaryof state. In an action for cancellation, the secretary of state shall notbe made a party to the proceeding but shall be notified of the filing ofthe complaint by the clerk of the court and shall be given the right tointervene in the action.

3. In any action brought against a nonresident registrant, servicemay be effected upon the agent for service of the registrant in accordancewith the procedures established for service upon nonresident corporationsand business entities under section 351.594, RSMo.