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This entry was published on 2014-09-22
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SECTION 360-A
Registrability
General Business (GBS) CHAPTER 20, ARTICLE 24
§ 360-a. 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:

(a) consists of or comprises immoral, deceptive or scandalous matter;
or

(b) 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

(c) 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

(d) consists of or comprises the name, signature or portrait
identifying a particular living individual, except by the individual's
written consent; or

(e) consists of a mark which, (1) when used on or in connection with
the goods or services of the applicant, is merely descriptive or
deceptively misdescriptive of them, or (2) when used on or in connection
with the goods or services of the applicant is primarily geographically
descriptive or deceptively misdescriptive of them, or (3) is primarily
merely a surname, provided, however, that nothing in this subdivision
shall prevent the registration of a mark used 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 for the
five years before the date on which the claim of distinctiveness is
made; or

(f) consists of or comprises a mark which so resembles a mark
registered in this state or a mark or trade name previously used by
another and not abandoned, as to be likely, when used on or in
connection with the goods or services of the applicant, to cause
confusion or mistake or to deceive.