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Registrability - 54 Pa. Cons. Stat. § 1111

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     § 1111.  Registrability.
        A mark by which the goods or services of any applicant for
     registration may be distinguished from the goods or services of
     others shall not be registered which:
            (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, the Commonwealth of
        Pennsylvania, or of any other 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.
            (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.
        Nothing in this paragraph shall prevent the registration of a
        mark used in this Commonwealth by the applicant which has
        become distinctive of the goods or services of the applicant.
        The department may accept as evidence that the mark has
        become distinctive as used on or in connection with the goods
        or services of the applicant, proof of continuous use thereof
        as a mark by the applicant in this Commonwealth for the five
        years before the date on which the claim of distinctiveness
        is made.
            (6)  Consists of or comprises a mark which so resembles a
        mark registered in this Commonwealth or a mark or trade name
        previously used in this Commonwealth by another and not
        abandoned, as to be likely, when used or in connection with
        the goods or services of the applicant, to cause confusion or
        mistake or to deceive, unless it shall be proved to the
        satisfaction of the department that the person last applying
        for the registry of such mark is entitled thereto and is the
        owner thereof by right of prior adoption and use, in which
        case the date of the adoption shall determine the ownership,
        and shall be proved by verified statements of persons
        conversant with such dates. In case the department becomes
        satisfied after a hearing held as provided by section 1116(5)
        (relating to cancellation) that the person last applying for
        registry is entitled by priority of adoption and use in this
        Commonwealth to register such mark, it shall revoke the first
        registry thereof and, upon application and the payment of the
        fee, register the same in the name of such applicant.
     (June 18, 1998, P.L.518, No.73, eff. 60 days)

Last modified: November 27, 2007