N.Y. General Business Law § 360-a: Registrability

§ 360-a. 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 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

identifying a particular living individual, except by the individual's

written consent; or

(e) consists of a mark which, (1) when used on or in connection with

the goods or services of the applicant, is merely descriptive or

deceptively misdescriptive of them, or (2) when used on or in connection

with the goods or services of the applicant is primarily geographically

descriptive or deceptively misdescriptive of them, or (3) is primarily

merely a surname, provided, however, that nothing in this subdivision

shall prevent the registration of a mark used by the applicant which has

become distinctive of the applicant's goods or services. The secretary

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 thereof as a mark by, the applicant in this state for the

five years before the date on which the claim of distinctiveness is

made; or

(f) consists of or comprises a mark which so resembles a mark

registered in this state or a mark or trade name 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.