Section 360-A. Registrability  


Latest version.
  • A mark by which the goods or services of any
      applicant for registration  may  be  distinguished  from  the  goods  or
      services of others shall not be registered if it:
        (a)  consists of or comprises immoral, deceptive or scandalous matter;
      or
        (b) consists of or comprises matter which  may  disparage  or  falsely
      suggest  a  connection  with  persons,  living  or  dead,  institutions,
      beliefs, or national symbols, or bring them into contempt, or disrepute;
      or
        (c) consists of or comprises  the  flag  or  coat  of  arms  or  other
      insignia  of  the  United States, or of any state or municipality, or of
      any foreign nation, or any simulation thereof; or
        (d)  consists  of  or  comprises  the  name,  signature  or   portrait
      identifying  a  particular living individual, except by the individual's
      written consent; or
        (e) consists of a mark which, (1) when used on or in  connection  with
      the  goods  or  services  of  the  applicant,  is  merely descriptive or
      deceptively misdescriptive of them, or (2) when used on or in connection
      with the goods or services of the applicant is primarily  geographically
      descriptive  or  deceptively misdescriptive of them, or (3) is primarily
      merely a surname, provided, however, that nothing  in  this  subdivision
      shall prevent the registration of a mark used by the applicant which has
      become  distinctive  of the applicant's goods or services. The secretary
      may accept as evidence that the mark has become distinctive, as used  on
      or  in  connection  with  the  applicant's  goods  or services, proof of
      continuous use thereof as a mark by, the applicant in this state for the
      five years before the date on which  the  claim  of  distinctiveness  is
      made; or
        (f)  consists  of  or  comprises  a  mark  which  so  resembles a mark
      registered in this state or a mark or  trade  name  previously  used  by
      another  and  not  abandoned,  as  to  be  likely,  when  used  on or in
      connection with the  goods  or  services  of  the  applicant,  to  cause
      confusion or mistake or to deceive.