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§ 1-406. Registration applications

West's Annotated Code of MarylandBusiness RegulationEffective: October 1, 2020

West's Annotated Code of Maryland
Business Regulation (Refs & Annos)
Title 1. Definitions; General Provisions (Refs & Annos)
Subtitle 4. Trademarks, Service Marks, and Trade Names (Refs & Annos)
Effective: October 1, 2020
MD Code, Business Regulation, § 1-406
§ 1-406. Registration applications
(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.

Credits

Added by Acts 1992, c. 4, § 2. Amended by Acts 1992, c. 48; Acts 2020, c. 501, § 1, eff. Oct. 1, 2020.
Formerly Art. 41, §§ 3-103, 3-109.
MD Code, Business Regulation, § 1-406, MD BUS REG § 1-406
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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