Md. Code Ann., Bus. Reg. § 1-406
Registration applications
Effective Oct 1, 2020Added by Acts 1992, c. 4, § 2. Amended by Acts 1992, c. 48; Acts 2020, c. 501, § 1, eff. Oct. 1, 2020.State of Maryland
(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.
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.