§ 6-2-3 Registrability. – No person may register a mark if it:
(1) Consists of or comprises immoral, deceptive, orscandalous matter;
(2) Consists of or comprises matter which may disparage orfalsely suggest a connection with persons, living or dead, institutions,beliefs, or national symbols, or bring them into contempt or disrepute;
(3) Consists of or comprises the flag or coat of arms orother insignia of the United States, or of any state or municipality, or of anyforeign nation or any simulation thereof;
(4) Consists of or comprises the name, signature, or portraitof any living individual, except with his or her written consent;
(5) When applied to the goods or services of the applicant,is merely descriptive or deceptively misdescriptive of them, or when applied tothe goods or services of the applicant, is primarily geographically descriptiveor deceptively misdescriptive of them, or is primarily merely a surname.Provided, however, that nothing in this subdivision shall prevent theregistration of a mark used in the state by the applicant which has becomedistinctive of the applicant's goods or services. The secretary of state mayaccept as evidence that the mark has become distinctive, as applied to theapplicant's goods or services, proof of continuous use as a mark by theapplicant in the state or elsewhere for the five (5) years next preceding thedate of the filing of the application for registration; or
(6) So resembles a mark registered in the state or a mark ortrade name previously used in the state by another and not abandoned, as to belikely, when applied to the goods or services of the applicant, to causeconfusion or mistake or to deceive.
§ 6-2-3 Registrability. – No person may register a mark if it:
(1) Consists of or comprises immoral, deceptive, orscandalous matter;
(2) Consists of or comprises matter which may disparage orfalsely suggest a connection with persons, living or dead, institutions,beliefs, or national symbols, or bring them into contempt or disrepute;
(3) Consists of or comprises the flag or coat of arms orother insignia of the United States, or of any state or municipality, or of anyforeign nation or any simulation thereof;
(4) Consists of or comprises the name, signature, or portraitof any living individual, except with his or her written consent;
(5) When applied to the goods or services of the applicant,is merely descriptive or deceptively misdescriptive of them, or when applied tothe goods or services of the applicant, is primarily geographically descriptiveor deceptively misdescriptive of them, or is primarily merely a surname.Provided, however, that nothing in this subdivision shall prevent theregistration of a mark used in the state by the applicant which has becomedistinctive of the applicant's goods or services. The secretary of state mayaccept as evidence that the mark has become distinctive, as applied to theapplicant's goods or services, proof of continuous use as a mark by theapplicant in the state or elsewhere for the five (5) years next preceding thedate of the filing of the application for registration; or
(6) So resembles a mark registered in the state or a mark ortrade name previously used in the state by another and not abandoned, as to belikely, when applied to the goods or services of the applicant, to causeconfusion or mistake or to deceive.
§ 6-2-3 Registrability. – No person may register a mark if it:
(1) Consists of or comprises immoral, deceptive, orscandalous matter;
(2) Consists of or comprises matter which may disparage orfalsely suggest a connection with persons, living or dead, institutions,beliefs, or national symbols, or bring them into contempt or disrepute;
(3) Consists of or comprises the flag or coat of arms orother insignia of the United States, or of any state or municipality, or of anyforeign nation or any simulation thereof;
(4) Consists of or comprises the name, signature, or portraitof any living individual, except with his or her written consent;
(5) When applied to the goods or services of the applicant,is merely descriptive or deceptively misdescriptive of them, or when applied tothe goods or services of the applicant, is primarily geographically descriptiveor deceptively misdescriptive of them, or is primarily merely a surname.Provided, however, that nothing in this subdivision shall prevent theregistration of a mark used in the state by the applicant which has becomedistinctive of the applicant's goods or services. The secretary of state mayaccept as evidence that the mark has become distinctive, as applied to theapplicant's goods or services, proof of continuous use as a mark by theapplicant in the state or elsewhere for the five (5) years next preceding thedate of the filing of the application for registration; or
(6) So resembles a mark registered in the state or a mark ortrade name previously used in the state by another and not abandoned, as to belikely, when applied to the goods or services of the applicant, to causeconfusion or mistake or to deceive.
