§ 47-22-02 — 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 subsection
shall prevent the registration of a mark used in this state by the applicant which
has become distinctive of the applicant's goods or services. The secretary of
state may accept as evidence that the mark has become distinctive, as applied to
the applicant's goods or services, proof of continuous use thereof as a mark by
the applicant in this state or elsewhere for the five years next preceding the date
of the filing of the application for registration; or
6. Consists of or comprises a mark that resembles a mark registered in this state or a
trade name, corporate name, limited liability company name, limited liability
partnership name, limited partnership name, limited liability limited partnership name,
or fictitious name registered with the office of the secretary of state, as to be likely,
when applied to the goods or services of the applicant, to cause confusion or mistake
or to deceive.