Oklahoma § 78-22 - Registrability
Full text of Oklahoma Oklahoma Statutes § 78-22 — Registrability, with citation guidance and answers to common questions.
§ 78-22. Registrability
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
Oklahoma Statutes - Title 78. Trade Marks and Labels
(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.
Added by Laws 1959, p. 369, § 2. Amended by Laws 1996, c. 69, § 30,
eff. Nov. 1, 1996.
Frequently Asked Questions About Oklahoma § 78-22
What does Oklahoma Statutes § 78-22 cover?
Section 78-22 ("Registrability") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 78-22?
A common citation format is "Oklahoma Statutes § 78-22" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 78-22 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.