Md. Code Regs. 09.11.01.16

Current through Register Vol. 51, No. 24, December 2, 2024

Section 09.11.01.16 - Use of Trade Names

A. For the purpose of this regulation, the following terms have the meanings indicated.

B. Definitions.

(1) "Advertising" means all oral, written, and visual advertising done by the licensee or by others on behalf of the licensee including telephone solicitation by individuals or by machine.

(2) "Licensee" means a real estate broker, associate broker, or salesperson licensed by the Real Estate Commission.

(3) "Trade name" means trademark or service mark, company name or business name, irrespective of whether the licensee needs to obtain permission from another person or entity who has an existing or continuing right in that trademark or service mark by virtue of any State or federal law.

C. Licensee Using Trade Name.

(1) In the advertising of or contracting for any real estate brokerage services defined under Business Occupations and Professions Article, § 17-101, Annotated Code of Maryland, a licensee using a trade name shall clearly and unmistakably include in the advertisement or contract the licensee's name or trade name, as registered with the Commission, to insure that the licensee's identity is meaningfully and conspicuously displayed to members of the general public.

(2) A licensee using a trade name on a for-sale sign, business card, office sign, sales contract, listing contract, or other document relating to real estate activities as defined under Business Occupations and Professions Article, § 17-101, Annotated Code of Maryland, shall clearly and unmistakably include on any of these documents the licensee's name, or trade name, as registered with the Commission.

D. Any licensee who is in the course of oral communication with another person (whether in person or by telephone), shall clearly and unmistakably include in the communication the licensee's name, or trade name, as registered with the Commission, to insure that the licensee's identity is meaningfully and conspicuously made known to that person.

Md. Code Regs. 09.11.01.16

Regulation .16 amended effective July 31, 1972; December 16, 1977 (4:26 Md. R. 2023); October 26, 1981 (8:21 Md. R. 1706); June 17, 1985 (12:12 Md. R. 1162)
Regulation .16B amended effective February 19, 1975 (2:4 Md. R. 227)
Regulation .16C amended effective August 18, 1976 (3:17 Md. R. 915); amended and recodified from .19 effective 44:8 Md. R. 401, eff. 7/1/2017