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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
Currentness
(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 legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document