If a person uses a mark in the State, the person may register the mark in accordance with this subtitle. A person may not register a mark that: is deceptive, immoral, or scandalous; may disparage, falsely suggest a connection with, or bring into contempt or disrepute: a belief; an individual, living or dead; an institution; or a national symbol; is, simulates, or includes a coat of arms, flag, or other insignia of a government; is or includes the name, portrait, or signature of a living individual, except with the written consent of the individual; or is likely, when applied to the goods or services of the person, to confuse or deceive because the mark resembles: another mark registered in the State; or a mark or trade name that another person has used in the State and has not abandoned. Unless the mark has become distinctive of the person’s goods or services, a person may not register a mark that: only describes or deceptively misdescribes goods or services; primarily describes or deceptively misdescribes the geographic origin of goods or services; or is primarily an individual’s name or surname. As evidence that a mark has become distinctive of the goods or services of a person, the Secretary of State may accept proof that the person has used the mark as a mark in the State or elsewhere continuously for at least 5 years immediately before the day on which the person applies for registration. A person may not register a trade name that is not a mark.