§1522. Registration








1. Registrability. 
A mark shall not be registered if it:





A. Consists of or comprises deceptive matter; [1979, c. 572, §2 (NEW).]










B. Consists of or comprises matter which may falsely suggest a connection with persons,
living or dead, or institutions; [1979, c. 572, §2 (NEW).]










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; [1979, c. 572, §2 (NEW).]










D. Consists of or comprises the name, signature or portrait of any living individual,
except with that individual's written consent, which shall be filed together with
the application for registration under this section; [1979, c. 572, §2 (NEW).]










E. Consists of a mark that, when applied to the goods or services of the applicant, is
merely descriptive or deceptively misdescriptive of them or, when applied to the goods
or services of the applicant, is primarily geographically descriptive or deceptively
misdescriptive of them, except as indications of regional origin may be registrable
under subsection 3, or is primarily merely a surname, provided that nothing in this
paragraph may prevent the registration of a mark used in this State by the applicant
that 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 5 years next preceding the date of the filing of
the application for registration; [2005, c. 543, Pt. D, §7 (AMD); 2005, c. 543, Pt. D, §18 (AFF).]











F. Consists of or comprises a mark that 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, unless the registered owner or holder of the other
mark executes and files with the Secretary of State proof of authorization of the
use of a similar mark by the applicant seeking to use the similar mark; [1993, c. 616, §1 (AMD).]










G. Is not distinguishable from the real, assumed, fictitious, reserved or registered
name of a corporation, limited liability company, limited liability partnership, limited
partnership or limited liability limited partnership, unless the corporation, limited
liability company, limited liability partnership, limited partnership or limited liability
limited partnership executes and files with the Secretary of State proof of authorization
of the use of a mark similar to the real, assumed, fictitious, reserved or registered
name of a corporation, limited liability company, limited liability partnership, limited
partnership or limited liability limited partnership by the applicant seeking to use
the mark; [2005, c. 543, Pt. D, §8 (AMD); 2005, c. 543, Pt. D, §18 (AFF).]











H. Consists of or comprises language that is obscene, contemptuous, profane or prejudicial; [1997, c. 633, §1 (AMD).]










I. Inappropriately promotes abusive or unlawful activity; or [1997, c. 633, §1 (AMD).]










J. Notwithstanding paragraph G, is identical to a corporate, limited liability company,
limited liability partnership, limited partnership or limited liability limited partnership
name, unless the corporation, limited liability company, limited liability partnership,
limited partnership or limited liability limited partnership is the same entity as
the applicant that is seeking to register the mark and files proof of ownership with
the Secretary of State. [2005, c. 543, Pt. D, §9 (AMD); 2005, c. 543, Pt. D, §18 (AFF).]








The Secretary of State shall make the final determination regarding the availability
of a mark for filing.


[
2003, c. 344, Pt. A, §6 (AMD);
2005, c. 543, Pt. D, §§7-9 (AMD);
2005, c. 543, Pt. D, §18 (AFF)
.]








2. Application for registration. 
Subject to the limitations set forth in this chapter, any person who adopts and uses
a mark in this State may file in the office of the Secretary of State, on a form to
be furnished by the Secretary of State, an application for registration of that mark
setting forth, but not limited to, the following information:





A. The name and business address of the person applying for the registration and, if
a corporation, the state of incorporation; [1997, c. 376, §1 (AMD).]










B. The goods or services in connection with which the mark is used and the mode or
manner in which the mark is used in connection with the goods or services and the
class in which the goods or services fall; [1979, c. 572, §2 (NEW).]










C. The date when, to the best of the applicant's knowledge and belief, the mark was
first used anywhere and the date when it was first used in this State by the applicant
or the applicant's predecessor in business; and [1997, c. 376, §1 (AMD).]










D. A statement that to the best of the applicant's knowledge and belief, the applicant
is the owner of the mark and that no other person has the right to use the mark in
this State as a mark or as a trade name or as a corporate name either in the identical
form thereof or in such near resemblance thereto as to be likely, when applied to
the goods or services of the other person, to cause confusion or to cause mistake
or to deceive. [1997, c. 376, §1 (AMD).]







The application must be signed and verified by the applicant or by a member of the
firm or an officer of the corporation or association applying.


The execution of an application containing false statements constitutes unsworn falsification
under Title 17-A, section 453.


The application must be accompanied by a specimen or facsimile of the mark in triplicate.

The application for registration must be accompanied by a filing fee of $60 for the
first class and $10 for each additional class, payable to the Treasurer of State.


[
2003, c. 673, Pt. WWW, §1 (AMD);
2003, c. 673, Pt. WWW, §37 (AFF)
.]








3. Collective marks and certification marks. 
Collective marks and certification marks, including indications of regional origin
used in commerce, shall be registrable in the same manner and with the same effect
as trademarks and service marks by persons and by governmental entities, as defined
in Title 14, section 8102, subsections 2, 3 and 4.


[
1981, c. 684, §5 (NEW)
.]





SECTION HISTORY

1979, c. 572, §2 (NEW).
1981, c. 684, §§3-5 (AMD).
1987, c. 561, §1 (AMD).
1993, c. 316, §§4,5 (AMD).
1993, c. 616, §§1,2 (AMD).
1993, c. 718, §B2 (AMD).
1995, c. 462, §A24 (AMD).
1995, c. 633, §C2 (AMD).
1997, c. 376, §1 (AMD).
1997, c. 633, §§1,2 (AMD).
2003, c. 344, §A6 (AMD).
2003, c. 673, §WWW1 (AMD).
2003, c. 673, §WWW37 (AFF).
2005, c. 543, §§D7-9 (AMD).
2005, c. 543, §D18 (AFF).