§ 3303 — Registrability

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:

(1) Consists of or comprises immoral, deceptive or scandalous matter;

(2) 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;

(3) 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;

(4) Consists of or comprises the name, signature or portrait of any living individual, except with that individual’s written consent;

(5) Consists of a mark which:

a. When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;

b. When applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; or

c. Is primarily merely a surname (provided, however, that nothing in this section shall prevent the registration of a mark used in this State by the applicant which is or has become distinctive of the applicant’s goods or services); or

(6) Consists of or comprises a mark which so resembles a mark registered in this State or a trademark or trade name previously used in this State by another and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause mistake, or to confuse or deceive.

Legislative History

60 Del. Laws, c. 612, § 1 ; 70 Del. Laws, c. 186, § 1