SB 0080 Registration and fees for trademarks and emblems
Committee:COMMLR Number:S0274.02T
Last Action:07/06/95 - Signed by Governor
Title:SCS/SBs 80 & 88
Effective Date:August 28, 1995
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Current Bill Summary

SCS/SBs 80 and 88 - Sections 417.005 through 417.175 of this act (SB 80) address trademarks. The fee for registration of a trademark is increased from fifteen to fifty dollars. The act authorizes the Secretary of State to examine the registration application and to request additional information or to make amendments to the application. The registrant may reply to or amend a disallowed application and thereafter have the application reexamined.

A duplicate certificate of trademark registration may be obtained by the registrant for a fee of ten dollars. An abstract of a trademark may be obtained by the registrant for a fee of five dollars.

The duration of trademark registration is reduced from ten to five years. Registrations may be renewed, and the renewal fee is increased from ten to twenty-five dollars. The Secretary of State shall, by February 28, 1996, notify all current registrants of the expiration date of existing registrations, which shall be five years from the date of issuance or August 28, 1996, whichever is later.

A trademark may be assigned to another person after an application has been made to the Secretary of State. The fee for assignment of a trademark is increased from ten to fifty dollars.

A trademark shall be cancelled if the trademark has become the generic name for the good or service for which it has been registered. Court actions for cancellation of a trademark shall be brought in a court of competent jurisdiction.

The act revises the classification of goods and services used to administer the registration of trademarks.

The owner of any trademark may be awarded damages against any person who manufactures, uses, displays or sells counterfeit items of that trademark if the act is committed with knowledge or in bad faith.

Any military, ex-military, patriotic, benevolent, humane, fraternal or charitable group organized or incorporated under United States law or any state law may register an emblem with the Secretary of State. Registration, assignment, renewal, duplicate certificates, and abstract fees for emblems shall be the same as established for trademarks under this act.

Registration of an emblem shall have a duration of five years and may be renewed. Renewal applications shall include a statement that the emblem is still in use in Missouri.

Sections 417.400 through 417.436 of this act (SB 88) would provide for state regulation of persons who assist a customer in developing an invention.

Under this act, an invention developer must make specific disclosures to customers regarding the developer's fees and services, confidentiality, statistics on past clients, and a statement urging the customer to seek the counsel of an attorney or agent registered to practice before the United States Patent and Trademark Office.

Guidelines for specific information to be included in the invention development services contract, as well as mandatory language for a cover sheet, are supplied in the act. An option to terminate the contract is mandated until payment for invention development services is made, and no payment can be made for seven days.

Maintenance of a $25,000 bond is required for invention developers who have had a judgment entered against them as a result of allegations of fraud or deception. The State of Missouri shall act as trustee for the bond.

Negotiable instruments, other than checks, are not to be used as a form of payment. Holders of negotiable instruments which were taken in violation of this act are denied holder in due course status which would protect their claims to payment as against a third party.

Records relating to invention development service contracts shall be maintained for at least three years and be made available to the customer for review.

Contracts in violation of this act are contrary to public policy and are void and unenforceable. An invention developer who violates any provision of this act is civilly liable in the amount of at least twice the damages sustained together with reasonable attorney's fees. Punitive damages may be awarded if malice is found.

The confidential relationship between the customer and the invention developer is defined, and may be waived by the customer only by an express written waiver entered into after all disclosures have been made to the customer. The developer is required to report the status of the contract to the customer at least quarterly.

Sections 1 through 9 of this act (SB 49) shall be known as the Missouri Uniform Trade Secrets Act. This act provides injunctive, monetary, and punitive relief for actual or threatened misappropriation of trade secrets.

A court is allowed to preserve a trade secret by closing records and proceedings relating to the trade secret. Actions for misappropriation of trade secrets shall be brought within five years after the misappropriation is discovered or should have been discovered. Contractual remedies and other civil and criminal actions resulting from such conduct are not affected. RONALD J. LEONE