Current through Register 1533, October 25, 2024
Section 62.14 - Refusal to RegisterThe Division may refuse to register a mark if:
(1) the mark consists of or comprises immoral, deceptive or scandalous matter;(2) the mark consists of or comprises matter which may disparage or falsely suggest a connection with persons, institutions, beliefs or national symbols;(3) the mark consists of or comprises the flag or coat of arms or other insignia of the United States or any state, municipality or other foreign nation or any simulation thereof;(4) the mark consists of or comprises the name, signature or portrait of a living individual without written consent; or(5) the mark consists of a mark which is merely descriptive or deceptively mis-descriptive of the goods or services of the applicant. A mark is descriptive if it describes a purpose, characteristic or quality of the goods. A mark is geographically descriptive if the mark uses geographic location to identify goods or services. A mark may also be descriptive if it is primarily a surname;(6) The mark is likely to cause confusion with a previously registered mark or a trade name currently in use.