SPIRO T. AGNEW, Governor                     1633

(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 portrait of
any living individual, except with his written consent; or

(5)    Consists of a mark which, (a) when applied to the goods
or services of the applicant, is merely descriptive or deceptively
misdescriptive of them, or (b) when applied to the goods or services
of the applicant is primarily geographically descriptive or decep-
tively 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 or services. The
Secretary of State may accept as evidence that the mark has be-
come distinctive, as applied to the applicant's goods, or services,
proof of continuous use thereof as a mark by the applicant in this
State or elsewhere 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] mark which so
resembles a [trade-mark] mark registered in this State or a [trade-
mark] mark or trade name previously used in this State by an-
other and not abandoned, as to be likely, when applied to the goods
or services of the applicant, to cause confusion or mistake or to de-
ceive.

92.

(a) Subject to the limitations set forth in this subheading, any
person who adopts and uses a [trade-mark] mark in this State
may file in the office of the Secretary of State, on a form to be
furnished by the Secretary of State, an application for registration
of that [trade-mark] mark setting forth, but not limited to, the
following information:

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

(2)    The goods or services in connection with which the mark is
used and the mode or manner in which the mark is used in connec-
tion with such goods or services and the class in which such goods
or services fall,

(3)    The date when the [trade-mark] 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] mark and that no other person has the right to use such
[trade-mark] mark in this State either in the identical form thereof
or in such near resemblance thereto as might be calculated to de-
ceive or to be mistaken therefor.

(c) The application shall be accompanied by a specimen or
facsimile of such [trade-mark] mark in triplicate.

93.

(a) Upon compliance by the applicant with the requirements of
this subheading, the Secretary of State shall cause a certificate of
registration to be issued and delivered to the applicant. The certifi-