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

Missouri Statutes

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

Missouri § 417.066

Title XXVITRADE AND COMMERCE

Ch. 417Trademarks, Names and Private Emblems

This text of Missouri § 417.066 (Common law marks not affected — actions to require cancellation of a mark or to compel registration, venue, parties.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 417.066 (2026).

Text

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 i

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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 .