(a) In this subtitle the following words have the meanings indicated. (b) “Applicant” includes: (1) the owner of a mark, including an individual, an organization, or a company, who submits an application for registration of the mark under this subtitle; and (2) an assignee, a legal representative, or a successor of a person who submits an application for registration […]
This subtitle does not affect adversely a right or the enforcement of a right in a mark acquired in good faith at any time at common law.
The Secretary of State shall keep a public record of the marks registered under this subtitle.
(a) If a person uses a mark in the State, the person may register the mark in accordance with this subtitle. (b) A person may not register a mark that: (1) is deceptive, immoral, or scandalous; (2) may disparage, falsely suggest a connection with, or bring into contempt or disrepute: (i) a belief; (ii) an individual, living or dead; (iii) an institution; […]
(a) For convenience of administration of this subtitle, the general classes of goods under this subtitle are: (1) raw or partly prepared materials. (2) animal products. (3) baggage, animal equipments, portfolios, and pocketbooks. (4) music and audio. (5) candles and essential oils. (6) chemicals and chemical compositions. (7) computers and peripherals. (8) smokers’ articles, not including tobacco products. (9) explosives, firearms, equipments, and projectiles. (10) fertilizers. […]
(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) […]
(a) Before denying registration of a mark, the Secretary of State shall give the applicant an opportunity for an informal hearing before the Secretary of State or the Secretary’s designee. (b) The denial of registration of a mark is not a contested case under Title 10, Subtitle 2 of the State Government Article.
(a) The Secretary of State shall register the mark of and issue a certificate of registration to each applicant who meets the requirements of this subtitle. (b) The Secretary of State shall include on each certificate of registration: (1) the signature of the Secretary of State, under the seal of the Secretary of State; (2) the name of the […]
(a) Unless registration of a mark is renewed for a 10-year term as provided in this section, the registration expires on the tenth anniversary of its effective date. (b) Within 1 year before registration of a mark expires, the Secretary of State shall mail to the registrant, at the last known address of the registrant: (1) a renewal […]
(a) A mark and its registration may be assigned with: (1) the good will of the business that uses the mark; or (2) that part of the good will of the business connected with the mark. (b) The assignment shall be by a written, signed instrument. (c) A person may record the assignment of registration of a mark by: (1) submitting […]
(a) The Secretary of State shall cancel a registration of a mark if: (1) the registrant asks that it be canceled; (2) the registrant fails to renew it; (3) a court of competent jurisdiction orders that it be canceled on any ground; or (4) a court of competent jurisdiction finds that: (i) the mark is abandoned; (ii) the registrant does not own […]
A person who, for the person or for another, applies to register or registers a mark under this subtitle by knowingly making a false or fraudulent representation, orally or in writing, or by other fraudulent means is liable for any damages sustained as a result of the application or registration.
(a) Subject to § 1-402 of this subtitle, a person may not: (1) use, without the consent of the registrant, a reproduction or colorable imitation of a mark registered under this subtitle in connection with the sale, offering for sale, or advertising of goods or services if the use is likely to confuse or deceive about the […]
(a) Except as provided in subsection (b) of this section, a person may not, with intent to defraud, do business in the State under or imitate a name, title, or trade name that is the same as, or similar to, that used by another person already doing business in the State. (b) This section does not apply […]
