§212. Registrability

A name or mark by which the name, goods, or services of any applicant for registration may be distinguished from the name, 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, educational institutions, 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, symbol, seal, emblem, or logo of the United States, or of this state, or of any local governmental subdivision of this state, or of any state or governmental subdivision thereof, or educational institution, 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 his written consent.

(5)(a) Consists of a mark which contains any of the following characteristics:

(i) When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them.

(ii) When applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them.

(iii) Is primarily merely a surname.

(b) 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 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.

(6) Consists of or comprises a mark which so resembles a mark registered in this state 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.

(7) Consists of matter or words which deceptively or falsely suggest a charitable or nonprofit nature to an organization which is in fact a profit-making organization.

Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 1978, No. 181, §2; Acts 1979, No. 762, §2; Acts 1997, No. 833, §2, eff. July 10, 1997; Acts 2018, No. 560, §5, eff. May 28, 2018.