§ 1-404
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/md/business-regulation/1-404A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§1–404.
(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; or
(iv)a national symbol;
(3)is, simulates, or includes a coat of arms, flag, or other insignia of a government;
(4)is or includes the name, portrait, or signature of a living individual, except with the written consent of the individual; or
(5)is likely, when applied to the goods or services of the person, to confuse or deceive because the mark resembles:
(i)another mark registered in the State; or
(ii)a mark or trade name that another person has used in the State and has not abandoned.
(1)Unless the mark has become distinctive of the person’s goods or services, a person may not register a mark that:
(i)only describes or deceptively misdescribes goods or services;
(ii)primarily describes or deceptively misdescribes the geographic origin of goods or services; or
(iii)is primarily an individual’s name or surname.
(2)As evidence that a mark has become distinctive of the goods or services of a person, the Secretary of State may accept proof that the person has used the mark as a mark in the State or elsewhere continuously for at least 5 years immediately before the day on which the person applies for registration.
(d)A person may not register a trade name that is not a mark.