Effective - 28 Aug 1995
417.031. Assignment of mark, procedure. — 1. Any mark and its registration hereunder shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Assignment shall be in writing upon transmittal forms authorized or furnished by the secretary of state and may be recorded with the secretary of state upon the payment of a fee of fifty dollars payable to the director of revenue who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under sections 417.005 to 417.066 shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary of state within three months after the date thereof or prior to such subsequent purchase.
2. Any registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record, upon a transmittal form authorized or furnished by the secretary of state, a certificate of change of name of the registrant or applicant with the secretary of state upon the payment of the recording fee. The secretary of state may issue in the name of the assignee a certificate of registration of an assigned application. The secretary of state may issue in the name of the assignee, a new certificate or registration for the remainder of the term of the registration or last renewal thereof.
3. Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the secretary of state, the record shall be prima facie evidence of execution.
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(L. 1973 H.B. 281 § 6, A.L. 1995 S.B. 80 & 88)
Structure Missouri Revised Statutes
Title XXVI - Trade and Commerce
Chapter 417 - Trademarks, Names and Private Emblems
Section 417.005 - Definitions.
Section 417.011 - Prohibited marks.
Section 417.018 - Additional fee — expiration date.
Section 417.026 - Term of registration — notice of expiration, when required.
Section 417.031 - Assignment of mark, procedure.
Section 417.036 - Registry of marks open to public.
Section 417.041 - Cancellation of marks, when.
Section 417.051 - Fraudulent filing or registration — civil damages to injured party.
Section 417.056 - Prohibited acts — civil action for damages, when.
Section 417.100 - Facsimile of brands to be recorded.
Section 417.130 - Recorder's certificate, evidence.
Section 417.150 - Misuse of names of certain societies prohibited.
Section 417.160 - Use of emblems regulated.
Section 417.170 - Adoption of name and emblem — registration form, fee.
Section 417.175 - Registration of emblem effective for five years, renewal procedure, fee.
Section 417.180 - Penalty for violation.
Section 417.190 - Penalty for improper use of emblem of automobile club.
Section 417.200 - Fictitious names to be registered.
Section 417.217 - Foreign businesses, registration, when — exemption from, when.
Section 417.220 - Registration fee.
Section 417.230 - Penalty for failure to register.
Section 417.240 - Owner of farm may register name of same.
Section 417.250 - Description of mark, where filed — notice of use.
Section 417.260 - Duties of recorder and secretary of state — fees.
Section 417.270 - Penalty for violation.
Section 417.280 - What constitutes evidence.
Section 417.290 - Acceptance of deposit does not constitute a sale.
Section 417.310 - Receptacles — unlawful use.
Section 417.320 - Receptacles — unlawful possession.
Section 417.330 - Search warrants — prosecution.
Section 417.350 - Terms construed.
Section 417.360 - "Sale" construed.
Section 417.400 - Definitions.
Section 417.406 - Contract for invention development services, form, content.
Section 417.412 - Termination of contract, procedure — service on contract not required, when.
Section 417.430 - Assignee of invention developer subject to all claims and defenses of customer.
Section 417.433 - Report in writing to be delivered quarterly to customer — content.
Section 417.436 - Invention developer law not exclusive subject to applicable laws.
Section 417.450 - Law how cited.
Section 417.453 - Definitions.
Section 417.457 - Damages for misappropriation — punitive damages awarded, when.
Section 417.459 - Court's duty in misappropriation, action to preserve secrecy of trade secret.
Section 417.465 - Purpose of the uniform law.
Section 417.467 - Effect of existing misappropriation prior to August 28, 1995.