Md. Code, Bus. Reg. § 1-406

Current with changes from the 2024 Legislative Session

Section 1-406 - Applications for registration

(a) An applicant for registration of a mark shall:

(1) submit to the Secretary of State:

(i) an application on the form that the Secretary of State provides; and

(ii) 3 different specimens or reproductions of the mark as used; and

(2) pay to the Secretary of State a fee of $50.

(b) A specimen or reproduction submitted under subsection (a) of this section may not include a business paper, including letterhead, a business card, or an envelope.

(c) An application shall be signed, under oath, and the original submitted under subsection (a) of this section:

(1) for an individual, by the individual;

(2) for a partnership, by a partner; or

(3) for a corporation or association, by an officer of the corporation or association.

(d) In addition to any other information required on an application form, the form shall require:

(1) the name of the applicant;

(2) the business address of the applicant;

(3) for an applicant that is a corporation, limited liability company, or partnership, the state of formation;

(4) a description of the full mark including words, if applicable;

(5) a description of the goods or services with which the applicant uses the mark;

(6) a listing of the ways the mark is being used, including on uniforms, advertising, banners, the Internet, signs, vehicles, and packaging;

(7) the class under § 1-405 of this subtitle to which the goods or services belong;

(8) the date when the applicant or the applicant's predecessor in business:

(i) first used the mark anywhere; and

(ii) first used the mark in the State; and

(9) a statement that:

(i) the applicant owns the mark;

(ii) another person does not have the right to use the mark in the State; and

(iii) the mark is not deceptively similar to a mark that another person has a right to use in the State.

(e) A single application for registration of a mark:

(1) may cover use of the mark with any number of goods or services in a single class; but

(2) may not cover use of the mark with goods or services in different classes.

Md. Code, BR § 1-406

Amended by 2020 Md. Laws, Ch. 501,Sec. 1, eff. 10/1/2020.