2005 California Business and Professions Code Sections 14220 Article 2. Registrability

BUSINESS AND PROFESSIONS CODE
SECTION 14220

14220.  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 is any of the following:
   (a) Consists of or comprises immoral, deceptive or scandalous
matter.
   (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.
   (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.
   (d) Consists of or comprises the name, signature or portrait of
any living individual, except with his written consent.
   (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.  Nothing in this subdivision shall, however, 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 years next preceding the date of the filing
of the application for registration.
   (f) Consists of or comprises a mark which so resembles a mark
registered in this state or a mark or trade name 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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