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Trademark law in Missouri protects words, symbols, names, and other identifiers that distinguish the goods or services of one business from those of another. Trademarks can be registered at both the state and federal level, giving individuals and businesses exclusive rights to use their marks within their respective markets. Trademarks are essential in safeguarding brands, maintaining reputations, and preventing consumer confusion in the marketplace. Missouri follows both its own state statutes regarding trademarks and the federal laws, primarily the Lanham Act. Understanding your rights and obligations under these laws is crucial if you want to secure and protect your brand identity.
Trademark law can be complex, especially when it comes to registration, enforcement, or defending your mark. You may need a lawyer in situations such as:
Trademark protection in Missouri is governed primarily by the Missouri Trademark Registration Act (Chapter 417, Revised Statutes of Missouri - RSMo). This statute defines how individuals or businesses can register, renew, and enforce trademarks within the state. The Missouri Secretary of State's office is responsible for processing trademark registrations at the state level. Missouri law prohibits registration of marks that are confusingly similar to existing ones, that are generic or merely descriptive without acquiring distinctiveness, or that are otherwise deceptive. While state registration provides some level of protection within Missouri, federal registration with the USPTO can offer nationwide exclusivity and additional benefits, such as the presumption of validity and access to federal courts. Both state and federal laws penalize trademark infringement, but the protections and remedies may differ.
A trademark is any word, name, symbol, device, or combination thereof that is used to identify and distinguish the goods or services of one party from those of others.
Registering your trademark with the state of Missouri gives you enforceable rights within the state and can help deter others from using a similar mark in Missouri.
You need to file an application with the Missouri Secretary of State, including a representation of your mark, a description of the goods or services, and a filing fee. The Secretary of State will review your application to ensure it meets legal requirements.
State registration offers protection within Missouri, while federal registration through the USPTO provides nationwide protection and additional legal benefits.
A trademark registered in Missouri is valid for five years, with the possibility of renewal for additional five-year periods as long as the mark remains in use.
The ® symbol is reserved for federally registered trademarks. For state-registered marks, you can use TM (for goods) or SM (for services) to indicate your claim of rights.
Consult an attorney as soon as possible. You may be able to stop infringing use through legal action or negotiation, but handling it improperly can weaken your rights.
In Missouri, you must be using the mark in commerce before you are eligible to register it at the state level. Federal law allows intent-to-use applications, but Missouri does not.
Common reasons include similarity to an existing registered mark, generic or merely descriptive wording, deceptive or scandalous matter, or a lack of distinctiveness.
Possible remedies include injunctions to stop continued infringement, monetary damages, and, in some cases, the recovery of attorney’s fees. The exact remedies depend on the situation and whether your mark is registered.
The following resources can provide additional information and support regarding trademark issues in Missouri:
If you are considering registering a trademark, defending your brand, or responding to a trademark dispute in Missouri, follow these steps:
