1111 - Registrability.

     § 1111.  Registrability.        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 which:            (1)  Consists of or comprises immoral, deceptive or        scandalous matter.            (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 bring them into        contempt or disrepute.            (3)  Consists of or comprises the flag or coat of arms or        other insignia of the United States, the Commonwealth of        Pennsylvania, or of any other state or municipality, or of        any foreign nation, or any simulation thereof.            (4)  Consists of or comprises the name, signature or        portrait identifying a particular living individual, except        by the individual's written consent.            (5)  Consists of a mark which:                (i)  when used on or in connection with the goods or            services of the applicant is merely descriptive or            deceptively misdescriptive of them;                (ii)  when used on or in connection with the goods or            services of the applicant is primarily geographically            descriptive or deceptively misdescriptive of them; or                (iii)  is primarily merely a surname.        Nothing in this paragraph shall prevent the registration of a        mark used in this Commonwealth by the applicant which has        become distinctive of the goods or services of the applicant.        The department may accept as evidence that the mark has        become distinctive as used on or in connection with the goods        or services of the applicant, proof of continuous use thereof        as a mark by the applicant in this Commonwealth for the five        years before the date on which the claim of distinctiveness        is made.            (6)  Consists of or comprises a mark which so resembles a        mark registered in this Commonwealth or a mark or trade name        previously used in this Commonwealth by another and not        abandoned, as to be likely, when used or in connection with        the goods or services of the applicant, to cause confusion or        mistake or to deceive, unless it shall be proved to the        satisfaction of the department that the person last applying        for the registry of such mark is entitled thereto and is the        owner thereof by right of prior adoption and use, in which        case the date of the adoption shall determine the ownership,        and shall be proved by verified statements of persons        conversant with such dates. In case the department becomes        satisfied after a hearing held as provided by section 1116(5)        (relating to cancellation) that the person last applying for        registry is entitled by priority of adoption and use in this        Commonwealth to register such mark, it shall revoke the first        registry thereof and, upon application and the payment of the        fee, register the same in the name of such applicant.     (June 18, 1998, P.L.518, No.73, eff. 60 days)