222 LAWS OF MARYLAND [CH. 63

(5) consists of a mark which, (A) when applied to the
goods of the applicant, is merely descriptive or deceptively
misdescriptive of them, or (B) ivhen applied to the goods
of the applicant is primarily geographically descriptive or
deceptively misdescriptive of them, or (C) is primarily
merely a surname provided, however, that nothing in this
paragraph shall prevent the registration of a mark used
in this State by the applicant which has become distinctive
of the applicant's goods. The Secretary of State may accept
as evidence that the mark has become distinctive, as ap-
plied to the applicant's goods, proof of continuous use
thereof as a mark by the applicant in this State or else-
where for the five years next preceding the date of the
filing of the application for registration; or

(6) consists of or comprises a trade-mark which so re-
sembles a trade-mark registered in this State or a trade-
mark or trade name previously used in this State by another
and not abandoned, as to be likely, when applied to the
goods of the applicant, to cause confusion or mistake or to
deceive.

87C. (Application for Registration.) (a) Subject to
the limitations set forth in this sub-heading, any person
who adopts and uses a trade-mark in this State may file in
the office of the Secretary of State, on a form to be fur-
nished by the Secretary of State, an application for regis-
tration of that trade-mark setting forth, but not limited to,
the following information:

(1) the name and business address of the person apply-
ing for such registration; and, if a corporation, the state
of incorporation,

(2) the goods in connection with which the mark is used
and the mode or manner in which the mark is used in con-
nection with such goods and the class in which such goods
fall,

(3) the date when the trade-mark was first used any-
where and the date when it was first used in this State by
the applicant or his predecessor in business, and

(4) a statement that the applicant is the owner of the
trade-mark and that no other person has the right to use
such trade-mark in this State either in the identical form
thereof or in such near resemblance thereto as might be
calculated to deceive or to be mistaken therefor.

(b) The application shall be signed and verified by the
applicant or by a member of the firm or an officer of the
corporation or association applying.