| (1) |
A mark by which the goods or services of an applicant for registration may be distinguished from the goods or services of others may not be registered if it:
| (a) |
consists of or comprises immoral, deceptive, or scandalous matter; |
| (b) |
consists of or comprises matter that may:
| (i) |
disparage or falsely suggest a connection with:
| (A) |
a person, living or dead; |
| (D) |
a national symbol; or |
|
| (ii) |
bring an item listed in Subsection (1)(b)(i) into contempt or disrepute; |
|
| (c) |
consists of or comprises the flag or coat of arms or other insignia of:
| (iv) |
any foreign nation; or |
| (v) |
any simulation of an item listed in Subsections (1)(c)(i) through (iv); |
|
| (d) |
consists of or comprises the name, signature, or portrait identifying a particular living individual, except by the individual's written consent; |
| (e) |
subject to Subsection (3), consists of a mark that:
| (i) |
when used on or in connection with the goods or services of the applicant, is:
| (A) |
merely descriptive of the goods or services; |
| (B) |
deceptively misdescriptive of the goods or services; |
| (C) |
primarily geographically descriptive of the goods or services; or |
| (D) |
primarily geographically deceptively misdescriptive of the goods or services; or |
|
| (ii) |
is primarily merely a surname; |
|
| (f) |
consists of or comprises a mark that:
| (i) |
resembles:
| (A) |
a mark registered in this state; or |
| (B) |
a mark or trade name previously used by another and not abandoned; and |
|
| (ii) |
is likely, when used on or in connection with the goods or services of the applicant, to cause confusion, mistake, or to deceive; or |
|
| (g) |
without the written consent of the United States Olympic Committee, contains or consists of:
| (i) |
the symbol of the International Olympic Committee, consisting of five interlocking rings; |
| (ii) |
the emblem of the United States Olympic Committee, consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with five interlocking rings displayed on the chief; |
| (iii) |
any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the International Olympic Committee or the United States Olympic Committee; |
| (iv) |
the words "Olympic," "Olympiad," "Citius Altius Fortius"; or |
| (v) |
any combination or simulation of any item referenced in Subsections (1)(g)(i) through (iv) that:
| (A) |
causes confusion or mistake; |
| (C) |
falsely suggests a connection with:
| (I) |
the International Olympic Committee; |
| (II) |
the United States Olympic Committee; or |
| (III) |
any Olympic activity. |
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