Section 2. A mark by which the goods or services of an applicant for registration may be distinguished from the goods or services of others shall not be registered if it:
(1) consists of or comprises immoral, deceptive or scandalous matter;
(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;
(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;
(4) consists of or comprises the name, signature or portrait identifying a particular living individual, except by the individual's written consent; or
(5) consists of a mark which:—
(i) when used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them,
(ii) when used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them, or
(iii) is primarily merely a surname, provided, however, that nothing in this clause shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in the commonwealth for the 5 years before the date on which the claim of distinctiveness is made; or
(6) consists of or comprises a mark which so resembles a mark registered in the commonwealth or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 110h - Registration and Protection of Trademarks
Section 2 - Restrictions on Registration
Section 3 - Application for Registration
Section 5 - Certificate of Registration; Issuance; Admissibility in Evidence
Section 6 - Effective Term; Renewal
Section 7 - Assignment of Marks and Registration; Recording
Section 9 - Cancellation of Registration
Section 10 - Classification of Goods and Services; Rules and Regulations
Section 11 - Fraudulent Procurement of Registration; Damages
Section 12 - Use or Counterfeit of Marks Without Consent of Registrant
Section 13 - Injunctive Relief
Section 14 - Actions for Counterfeit or Imitation Marks; Injunctions; Damages
Section 15 - Actions to Require Cancellation or to Compel Registration
Section 16 - Common Law Rights
Section 17 - Fees for Applications, Recording and Related Services