§ 360-A — Registrability

§ 360-a. Registrability. A mark by which the goods or services of any\napplicant for registration may be distinguished from the goods or\nservices of others shall not be registered if it:\n (a) consists of or comprises immoral, deceptive or scandalous matter;\nor\n (b) consists of or comprises matter which may disparage or falsely\nsuggest a connection with persons, living or dead, institutions,\nbeliefs, or national symbols, or bring them into contempt, or disrepute;\nor\n (c) consists of or comprises the flag or coat of arms or other\ninsignia of the United States, or of any state or municipality, or of\nany foreign nation, or any simulation thereof; or\n (d) consists of or comprises the name, signature or portrait\nidentifying a particular living individual, except by the individual's\nwritten consent; or\n (e) consists of a mark which, (1) when used on or in connection with\nthe goods or services of the applicant, is merely descriptive or\ndeceptively misdescriptive of them, or (2) when used on or in connection\nwith the goods or services of the applicant is primarily geographically\ndescriptive or deceptively misdescriptive of them, or (3) is primarily\nmerely a surname, provided, however, that nothing in this subdivision\nshall prevent the registration of a mark used by the applicant which has\nbecome distinctive of the applicant's goods or services. The secretary\nmay accept as evidence that the mark has become distinctive, as used on\nor in connection with the applicant's goods or services, proof of\ncontinuous use thereof as a mark by, the applicant in this state for the\nfive years before the date on which the claim of distinctiveness is\nmade; or\n (f) consists of or comprises a mark which so resembles a mark\nregistered in this state or a mark or trade name previously used by\nanother and not abandoned, as to be likely, when used on or in\nconnection with the goods or services of the applicant, to cause\nconfusion or mistake or to deceive.\n