A mark must not be registered if it: 1. Contains immoral, deceptive or scandalous matter. 2. Contains matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, national symbols or which may bring them into contempt or disrepute. 3. Resembles or simulates the flag or other insignia of the United States, or of any state or municipality, or of any foreign nation. 4. Contains the name, signature or portrait of any living person, except when the written consent of that living person has been obtained. 5. Consists of a mark which: (a) When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; (b) When applied to the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or (c) Is primarily merely a surname, but this subsection does not prevent the registration of a mark used by the applicant which has become distinctive of the applicants goods or services. Proof of continuous use of the mark by the applicant in this State or elsewhere for 5 years next preceding the date of the filing of the application for registration may be accepted by the Secretary of State as evidence that the mark has become distinctive. 6. So resembles a mark registered in this State which has not been abandoned, that it is likely that confusion, mistake or deception may result.
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