Section 45.50.010. Registrability.

   (a) A mark may not be registered if it consists of or comprises
        (1) immoral, deceptive, or scandalous matter;
        (2) matter that may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;
        (3) the flag, coat of arms, or other insignia of the United States, this or another state, a municipality of this or another state, a foreign nation, or simulation of any of these;
        (4) the name, signature, or portrait identifying a living individual, except with the written consent of the individual;
        (5) a mark that, (A) when used on or in connection with goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; (B) when used on or in connection with the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; (C) is primarily merely a surname; however, this paragraph does not prevent the registration of a mark used by the applicant that has become distinctive of the applicant's goods or services; the commissioner may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use of the mark as a mark by the applicant in this state for the five years immediately preceding the date on which the claim of distinctiveness is made;
        (6) a mark that so resembles a mark registered in the state or in the United States Patent and Trademark Office, or a mark previously used by another 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 mistake or to deceive; or
        (7) a mark that so resembles the name of another organized entity, or a reserved or registered name, that the mark is likely to cause confusion or mistake or to deceive; the form of operation of the organized entity without the mark, or of the person without the mark who holds the right to the reserved or registered name, is not a factor in determining whether the mark resembles a name under this paragraph; in this paragraph, "organized entity" and "reserved or registered name" have the meanings given in AS 10.35.040.
   (b) For purposes of this section,
        (1) "descriptive" means a word or combination of words that describes one or more of the characteristics of the goods or services, such as, what the goods or services are, what the goods are made of, or what the goods or services are used for; however, an otherwise descriptive word or combination of words can, as a secondary meaning, become accepted as identifying the goods or services of the applicant, in which case it is no longer merely descriptive;
        (2) "misdescriptive" means a word or combination of words that falsely describes the nature, function, or capacity of goods or services.

Authorities

45.50.020;45.50.025;45.50.050;45.50.060;45.50.130;45.50.140;45.50.150;45.50.160;45.50.170;45.50.200;45.50.205

Notes

References

AS 45.50.020 Application for registration.
AS 45.50.025 Procedure concerning application.
AS 45.50.050 Form and contents of certificate of registration.
AS 45.50.060 Certificate of registration as evidence.
AS 45.50.130 Commissioner to keep record of registration.
AS 45.50.140 Cancellation.
AS 45.50.150 Classification.
AS 45.50.160 Fraudulent registration.
AS 45.50.170 Infringement.
AS 45.50.200 Definitions.
AS 45.50.205 Short title.

History

(Sec. 2 ch 84 SLA 1961; am Sec. 106 ch 59 SLA 1982; am Sec. 3, 4 ch 132 SLA 1996; am Sec. 35 ch 50 SLA 1999)