Protecting Your Brand in Missouri
Your brand is one of your most valuable business assets. Missouri law lets you register a state trademark or service mark with the Missouri Secretary of State to protect names, logos, and taglines used within Missouri. State registration can deter copycats, makes enforcement easier in Missouri courts, and complements (but doesn’t replace) federal protection.
Quick note: Missouri’s trademark system is governed by Sections 417.005–417.066 of the Revised Statutes of Missouri. These laws define what counts as a mark, who can register, and available remedies.
Missouri vs. Federal Registration: What’s the Difference?
- Missouri registration: Protection primarily within Missouri. Good fit for intrastate businesses or a fast, targeted layer of protection.
- Federal (USPTO) registration: Nationwide protection, public notice across all states, U.S. Customs recordation options, and stronger enforcement tools. See the USPTO “Why Register Your Trademark?” page.
What You Can Register in Missouri
- Trademarks for goods (e.g., a product name or logo).
- Service marks for services (e.g., a law firm name or ad slogan).
- Marks must be distinctive and used in Missouri in the ordinary course of trade.
The Missouri Filing Process (Plain-English)
- Check for conflicts: Search existing Missouri trademarks
- Prepare details: Missouri’s application requires owner info, the mark, goods/services, and a specimen showing actual use in Missouri. Application Form (TMSM-16)
- File with the Secretary of State: Current fees
- Review & registration: If approved, you’ll receive a state registration.
- Maintain & renew: Renewal Form (TMSM-17)
Enforcement Tools Under Missouri Law
A Missouri registrant may sue to stop infringement and seek profits/damages, plus destruction of counterfeit goods.
Remedies are listed in RSMo §417.061.
Unfair Competition in Missouri
Missouri law recognizes claims for unfair competition under common law.
- What it covers: deceptive practices that confuse consumers, such as passing off, trade dress misappropriation, or false designations of origin.
- Overlap with trademarks: Even if a mark isn’t registered, businesses may still have rights under common-law unfair competition.
- Practical impact: We often bring unfair competition claims alongside trademark infringement to maximize remedies.
Common Missouri Trademark Pitfalls
- Relying only on a business name filing – A corporate/LLC name isn’t the same as trademark rights.
- No real-world use – Missouri requires use in commerce; specimens must prove it.
- Narrow or vague descriptions – Applications should clearly describe your goods/services.
- Missing renewals – Registrations lapse without timely renewals.
Our Missouri Trademark Services
- Missouri registration filings, renewals, assignments, and record updates
- USPTO registration strategy and filings (when interstate commerce applies)
- Monitoring & enforcement (takedowns, demand letters, litigation under Missouri statutes and unfair competition law when appropriate)
Official Missouri Trademark Resources
- Missouri Secretary of State – Trademarks
- Missouri SOS – FAQs
- Missouri SOS – Fee Schedule
- Missouri Trademark Application (Form TMSM-16)
- Missouri Trademark Renewal (Form TMSM-17)
- Missouri Revised Statutes §417.005–417.066
FAQs (Missouri-Focused)
- Do I need a Missouri registration if I plan to file federally?
A state filing provides immediate local protection while you prepare a federal application, so while it is not “needed” it can help provide immediate local protection.
- Can I use ™ or ® in Missouri?
You may use ™ (or SM) for unregistered marks. Use ® only after a federal registration issues.
- What if someone is copying my mark in Missouri?
Missouri law allows injunctions, damages, and profits, plus destruction of counterfeit goods. We also evaluate whether an unfair competition claim may apply for additional protection.
Ready to Protect Your Missouri Brand?
We’ll help you choose the right path (Missouri, federal, or both), file correctly, and enforce your rights. Contact us to get started with a flat-fee review and filing.
This post is for informational purposes only and does not provide legal advice. You should contact an attorney for advice concerning any particular issue or problem. Nothing herein creates an attorney-client relationship between TM Law & Associates and the reader.