417.170. Adoption of name and emblem--registration form, fee.
Adoption of name and emblem--registration form, fee.
417.170. 1. Every person, society, association or corporation,assuming, adopting or using the name of a military, ex-military, patriotic,benevolent, humane, fraternal or charitable organization incorporated ororganized under the laws of this or any other state or of the UnitedStates, and members whereof may wear or exhibit the recognized orestablished badge, button, emblem, decoration, insignia or charm thereof,or any emblem, insignia or charm representing a component part of therecognized or established badge, button, emblem, decoration, insignia orcharm, may file in the office of the secretary of state, on a form to befurnished by the secretary of state, an application for registration of thename of such military, ex-military, patriotic, benevolent, humane,fraternal or charitable organization, together with a description of suchrecognized and established badge, button, emblem, decoration, insignia orcharm, and the component parts of such badge, button, emblem, decoration,insignia or charm. The application shall be accompanied by the actual,recognized and established badge, button, emblem, decoration, insignia orcharm and the required fee of fifty dollars.
2. Upon compliance by the applicant with the requirements of sections417.150 to 417.180, the secretary of state shall deliver to such person,society, association or corporation so filing the same a duly attestedcertificate of registration of the same.
3. Such certificate shall, in all suits and prosecutions undersections 417.150 to 417.180, be sufficient proof of the adoption of suchbadge, button, emblem, decoration, insignia or charm, and the componentparts thereof, and of the right of such person, society, association orcorporation to adopt the same.
4. Applications for assignments, renewals, duplicate certificates andabstracts of emblems shall be accompanied by a fee in the same amount asrequired for such application with respect to a trademark as establishedunder sections 417.005 to 417.066.
(RSMo 1939 § 15464, A.L. 1947 V. I p. 560, A.L. 1995 S.B. 80 & 88)Prior revisions: 1929 § 14340; 1919 § 13274