State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_80 > GS_80-2

§80‑2.  Registrability.

A mark by which the goods orservices of any applicant for registration may be distinguished from the goodsor services of others shall not be registered if it

(1)        Consists of orcomprises immoral, deceptive or scandalous matter; or

(2)        Consists of orcomprises matter which may disparage or falsely suggest a connection withpersons, living or dead, institutions, beliefs, or national symbols, or bringthem into contempt, or disrepute; or

(3)        Consists of orcomprises the flag or coat of arms or other insignia of the United States, orof any state or municipality, or of any foreign nation, or any simulationthereof; or

(4)        Consists of orcomprises the name, signature or portrait of any living individual, except withhis written consent; or

(5)        Consists of a markwhich (i) when applied to the goods or services of the applicant, is merelydescriptive of them or merely describes one or more of the characteristics, oris deceptively misdescriptive of them, or falsely describes the nature, function,capacity, or characteristics of them, or (ii) when applied to the goods orservices of the applicant, is primarily geographically descriptive ordeceptively misdescriptive of them, or (iii) is primarily merely a surname;provided, however, that nothing in this subdivision (5) shall prevent theregistration of a mark used in this State by the applicant which has becomedistinctive of the applicant's goods or services.  The Secretary may accept asevidence that the mark has become distinctive, as applied to the applicant'sgoods or services, proof of continuous use thereof as a mark by the applicantin this State for the five years preceding the date on which the claim ofdistinctiveness is made; or

(6)        Consists of orcomprises a mark which so resembles a mark registered in this State or a markor trade name previously used in this State by another and not abandoned, as tobe likely, when applied to the goods or services of the applicant, to causeconfusion or mistake or to deceive. (1903, c. 271; Rev., ss.3012, 3017; C.S., ss. 3971, 3976; 1941, c. 255, s. 1; 1967, c. 1007, s. 1;1991, c. 626, s. 2; 1997‑476, s. 3.)