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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 that has become distinctive of the applicant's goods or | services;. The Secretary of State may accept as evidence that | 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; |
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| | Sec. D-8. 10 MRSA §1522, sub-§1, ¶G, as amended by PL 2003, c. 344, Pt. | A, §6, is further amended to read: |
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| 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, limited | 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 or limited liability | limited partnership by the applicant seeking to use the | mark; |
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| | Sec. D-9. 10 MRSA §1522, sub-§1, ¶J, as enacted by PL 1997, c. 633, §2, | is amended to read: |
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| J. Notwithstanding paragraph G, is identical to a | corporate, limited liability company, limited liability | partnership or, limited partnership or limited liability | limited partnership name, unless the corporation, limited | liability company, limited liability partnership or, limited | 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. |
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| | 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: |
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| 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 |
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