{"data":{"id":"us-ky/krs-365.567","jurisdiction":"us-ky","citation":"KRS 365.567","heading":"Registrability.","body":"A mark by which the goods or services of any applicant for registration may be\ndistinguished from the goods or services of others shall not be registered pursuant to KRS\n365.567 to 365.581 if it:\n(1) Consists of or comprises immoral, deceptive, or scandalous matter;\n(2) Consists of or comprises matter which may disparage or falsely suggest a\nconnection with persons, living or dead, institutions, beliefs, or national symbols, or\nbring them into contempt or disrepute;\n(3) Consists of or comprises the flag or coat of arms or other insignia of the United\nStates, any state or municipality, any foreign nation, or any simulation of the\ninsignia;\n(4) Consists of or comprises the name, signature, or portrait of a particular living\nindividual, except by the individual's written consent; or\n(5) Consists of a mark which when used on or in connection with the goods or services\nof the applicant:\n(a) Is merely descriptive or deceptively misdescriptive of them;\n(b) Is primarily geographically descriptive or deceptively misde scriptive of the\ngoods or services; or\n(c) Is primarily merely a surname.\nHowever, nothing in this subsection shall prevent the registration of an applicant's\nmark which has become distinctive of the applicant's goods or services. The\nSecretary may accept proof of continuous use as evidence that the mark has become\ndistinctive if the mark has been used by the applicant in this state for the five (5)\nyears immediately preceding the date on which the claim of distinctiveness is made;\nor\n(6) Consists of or co mprises a mark so resembling a mark registered in this state or a\nmark or trade name previously used in this state by another that has not been\nabandoned, as to be likely, when used on or in connection with the goods or\nservices of the applicant, to cause confusion or mistake or to deceive.","path":["KRS Chapter 365"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34803","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:01Z","sha256":"84dbd30225f4577ce9b253795444ca982a00fa250055bb99667151dc32d6d206","source_id":"us-ky","stale":false,"prev":"us-ky/krs-365.565","next":"us-ky/krs-365.570"},"notice":"GroundRules: Original legal text. Not legal advice."}