§ 40-1-102 — Marks which cannot be registered

(a) 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:
(i) Consists of or comprises immoral, deceptive or
scandalous matter; or
(ii) 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
(iii) 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
(iv) Consists of or comprises the name, signature or
portrait identifying a particular living individual, except by
the individual's written consent; or
(v) Consists of a mark which, (A) when used on or in
connection with the goods or services of the applicant, is
merely descriptive or deceptively misdescriptive of them, or (B)
when used on or in connection with 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 paragraph 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 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 or elsewhere for the
five (5) years before the date on which the claim of
distinctiveness is made; or
(vi) Consists of or comprises a mark which is the
same as, or deceptively similar to, a mark registered in this
state, a trade name or the name of a juristic person, or a mark
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 confusion or mistake or to
deceive.