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78-22.


78-22.
   
   A trademark by which the goods or services of any applicant for
   registration may be distinguished from the goods 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 of any
   living individual, except with his written consent; or
   
   (e) consists of a mark which, (1) when applied to the goods or
   services of the applicant, is merely descriptive or deceptively
   misdescriptive of them, or (2) when applied to 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 subsection 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 (5) years next preceding the date of the filing
   of the application for registration; or
   
   (f) consists of or comprises a trademark which so resembles a
   trademark registered in this state or a trademark 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.
   

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