[ Chapter 110B effective until October 30, 2006. Repealed by 2006, 195, Sec. 1.]
[ Text of section effective until October 30, 2006. Repealed by 2006, 195, Sec. 1.]
Section 3. No person may register a mark if it:
(a) consists of or comprises immoral, deceptive or scandalous matter; or
(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) when applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them, or when applied to the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them, or is primarily merely a surname provided, however, that nothing in this subsection shall prevent the registration of a mark used in the commonwealth by the applicant which has become distinctive of the applicant's goods or services. The state secretary 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 the commonwealth or elsewhere for the five years next preceding the date of the filing of the application for registration; or
(f) so resembles a mark registered in the commonwealth or a mark or trade name previously used in the commonwealth 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.