AI-assisted research summary: A mark cannot be registered if it falls within listed refusal grounds, but the director may accept five years of continuous in-state use as evidence that a mark has become distinctive.
PART III. TRADEMARKS AND SERVICE MARKS Note Part III designated by L 2008, c 108, §4. A mark by which the goods or services of any applicant for registration may be distinguished from the 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, 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 of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; (4) Consists of or comprises the name, signature, or portrait identifying a particular living individual, except by the individual's written consent; (5) Consists of a mark that: (A) When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; (B) When used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or (C) Is primarily a surname; provided that nothing in this paragraph shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The director may accept as evidence that the mark has become distinctive as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this State for the five years before the date on which the claim of distinctiveness is made; (6) Consists of a mark which so resembles a mark registered in this State or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive; or (7) Consists of a mark that is substantially identical with any registered trade name or the name of any entity registered or authorized to transact business in accordance with the laws of this State. [L 2001, c 15, pt of §1; am L 2003, c 124, §92; am L 2008, c 108, §12]