THEODORE R. MCKELDIN, GOVERNOR 221

Sections 87A to 87N, inclusive, to be under the sub-title
"Secretary of State," and the new sub-heading "Trade-
marks," and to read as follows:

TRADE-MARKS

87A. (Definitions.) (a) The term "trade-mark" as used
herein means any word, name, symbol, or device or any
combination thereof adopted and used by a person to
identify goods made or sold by him and to distinguish them
from goods made or sold by others.

(b) The term "person" as used herein means any indi-
vidual, firm, partnership, corporation, association, union or
other organization.

(c) The term "applicant" as used herein embraces the
person filing an application for registration of a trade-
mark under this sub-heading, his legal representatives,
successors or assigns.

(d) The term "registrant" as used herein embraces the
person to whom the registration of a trade-mark under
this sub-heading is issued, his legal representatives, suc-
cessors or assigns.

(e) For the purposes of this sub-heading, a trade-mark
shall be deemed to be "used" in this state when it is placed
in any manner on the goods or their containers or on the
tags or labels affixed thereto and such goods are sold or
otherwise distributed in this state.

87B. (Registrability.) A trade-mark by which the goods
of any applicant for registration may be distinguished
from the goods of others shall not be registered if it

(1) consists of or comprises immoral, deceptive or scan-
dalous 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 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 any simulation
thereof; or

(4) consists of or comprises the name, signature or por-
trait of any living individual, except with his written con-
sent; or