§ 24-2-1-3 — Registerability

Indiana § 24-2-1-3

• Jurisdiction: Indiana
• Art. 2: TRADEMARKS, TRADE NAMES, AND TRADE
• Ch. 1: Trademark Act

Text

A mark by which the goods or services of an
applicant may be distinguished from other goods or services may not
be registered if the mark:
(1) consists of or comprises immoral, deceptive, or scandalous
matter;
(2) consists of or comprises matter that may:
(A) disparage or falsely suggest a connection with:
(i) persons living or dead;
(ii) institutions;
(iii) beliefs; or
(iv) national symbols; or
(B) bring into contempt or disrepute:
(i) persons living or dead;
(ii) institutions;
(iii) beliefs; or
(iv) national symbols;
(3) consists of or comprises the flag, coat of arms, or other
insignia of:
(A) the United States;
(B) a state or municipality;
(C) the United Nations; or
(D) a foreign nation;
(4) consists of or comprises the name, signature, or portrait
identifying a particular living individual, unless the individual
provides written consent; or
(5) is a mark that:
(A) if used on or in connection with the goods or services of the
applicant, is merely descriptive or deceptively misdescriptive
of the goods or services;
(B) if used on or in connection with the goods or services of the
applicant, is primarily geographically descriptive or deceptively
geographically misdescriptive of the goods or services; or
(C) is primarily merely a surname.
This subdivision does not prevent the registration of a mark that
is used in Indiana by the applicant and has become distinctive of
the applicant's goods or services. The secretary may accept proof
of continuous use of a mark by the applicant in Indiana for the
five (5) years immediately preceding the date on which the claim
of distinctiveness is made as evidence that the mark has become
distinctive, as used on or in connection with the applicant's goods
or services; or
(6) is a mark that so resembles a mark registered in Indiana or a
mark or trade name previously used by another person in Indiana
and not abandoned, as to be likely, if used on or in connection
with the goods or services of the applicant, to cause deception,
confusion, or mistake.
Formerly: Acts 1955, c.174, s.3; Acts 1959, c.256, s.2. As
amended by P.L.152-1986, SEC.23; P.L.135-2006, SEC.3.