Sec. 35-11b. Disqualifications of marks for registration. - Connecticut Statutes

      Sec. 35-11b. Disqualifications of marks for registration. A mark in use in Connecticut by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall be registered unless it (1) consists of or comprises immoral, deceptive or scandalous matter; or (2) consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs or national symbols, or which may bring them into contempt or disrepute; or (3) 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 of the United Nations, or any simulation thereof; or (4) consists of or comprises the name, signature or portrait identifying a particular living individual, except with the individual's written consent; or (5) consists of a mark which (A) when used on or in connection with the goods or services of the applicant is merely descriptive or deceptively misdescriptive of them, or (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, provided 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 the State may accept as evidence that the mark has become distinctive, as applied to the applicant's goods or services, proof of substantially exclusive and continuous use thereof as a mark by the applicant in this state for the five years next preceding the date of the filing of the application for registration; or (6) consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name used in this state by another prior to the use by the applicant and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or to cause mistake or to deceive purchasers; or (7) consists of or comprises a mark which so resembles a mark previously registered in the United States Patent and Trademark Office by another and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause confusion or to cause mistake or to deceive purchasers, unless the applicant commenced use of the mark in this state prior to the granting of the federal registration.

      (1963, P.A. 51, S. 2; P.A. 93-152, S. 2.)

      History: P.A. 93-152 amended Subdiv. (4) to replace "the name, signature or portrait of any living individual" with "the name, signature or portrait identifying a particular living individual", amended Subdiv. (5) to replace in Subpara. (A) "when applied to the goods or services" with "when used on or in connection with the goods or services", amended Subdiv. (6) to replace "previously used in this state by another" with "used in this state by another prior to the use by the applicant" and replace "when applied to the goods or services" with "when used on or in connection with the goods or services" and added Subdiv. (7) re resemblance of a mark to a mark previously federally registered.