§ 1-406
354 words·~2 min read·
/md/business-regulation/1-406A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§1–406.
(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.