| | |
them, except as indications of regional origin may be | | registrable under subsection 3, or is primarily merely a | | surname, provided that nothing in this paragraph may prevent | | the registration of a mark used in this State by the applicant | which | services; | | the mark has become 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 5 years | | next preceding the date of the filing of the application for | | registration; |
|
| | | Sec. D-8. 10 MRSA §1522, sub-§1, ¶G, as amended by PL 2003, c. 344, Pt. | | A, §6, is further amended to read: |
|
| | | G. Is not distinguishable from the real, assumed, | | fictitious, reserved or registered name of a corporation, | limited liability company, limited liability partnership or | | limited partnership or limited liability limited | | partnership, unless the corporation, limited liability | company, limited liability partnership or | | partnership or limited liability limited partnership | | executes and files with the Secretary of State proof of | | authorization of the use of a mark similar to the real, | | assumed, fictitious, reserved or registered name of a | | corporation, limited liability company, limited liability | partnership or | | limited partnership by the applicant seeking to use the | | mark; |
|
| | | Sec. D-9. 10 MRSA §1522, sub-§1, ¶J, as enacted by PL 1997, c. 633, §2, | | is amended to read: |
|
| | | J. Notwithstanding paragraph G, is identical to a | | corporate, limited liability company, limited liability | partnership or | | limited partnership name, unless the corporation, limited | liability company, limited liability partnership or | | partnership or limited liability limited partnership is the | | same entity as the applicant that is seeking to register the | | mark and files proof of ownership with the Secretary of | | State. |
|
| | | Sec. D-10. 13-B MRSA §301-A, sub-§6, ¶A, as enacted by PL 2003, c. 344, | | Pt. B, §9, is amended to read: |
|
| | | A. The words or abbreviations of words that describe the nature | | of the entity, including "professional association," | | "corporation," "company," "incorporated," "chartered," "limited," | | "limited partnership," "limited liability company," "professional | | limited liability company," "limited |
|
|
