§ 19-303
447 words·~2 min read·
/md/business-regulation/19-303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§19–303.
(1)A person may register:
(i)a class of returnable containers if:
1. the person owns or deals in goods handled or delivered in a returnable container; and
2. the returnable container has an identifying name, mark, or device securely attached, impressed, or imprinted; or
(ii)a class of returnable textiles, if the person:
1. is in the business of regularly supplying clean laundered returnable textiles; and
2. periodically exchanges the clean returnable textiles for soiled returnable textiles.
(2)A person who has registered a returnable container or returnable textile under State law is not required to reregister the returnable container or returnable textile.
(b)To register a returnable container or returnable textile a person shall:
(i)prepare a clear statement of the character of the returnable container or returnable textile; and
(ii)prepare a comprehensive description of the identifying name, mark, or device attached, impressed, imprinted, woven, or produced;
(2)sign and acknowledge the comprehensive description before an officer qualified to take an acknowledgment to deeds in the State;
(3)publish the signed and acknowledged comprehensive description:
(i)in two successive issues, in different weeks, of a newspaper published in the county in which the principal office, place of business, or agency of the person is located; or
(ii)twice a week for 2 successive weeks in a daily newspaper published in Baltimore City if the principal office, place of business, or agency of the person is located in Baltimore City; and
(4)file with the Secretary of State the comprehensive description and a certificate of publication, certified by the owner or manager of the newspaper in which the comprehensive description was published.
(c)A person may transfer a registration by filing a copy of the assignment or transfer with the Secretary of State.
(1)The Secretary of State shall record each:
(i)comprehensive description filed under subsection
(b)of this section;
(ii)certificate of publication filed under subsection
(b)of this section; and
(iii)transfer filed under subsection
(c)of this section.
(2)On application, the Secretary of State shall provide to the applicant a certified copy of a recorded filing.
(3)The Secretary of State shall establish reasonable fees:
(i)for recording under this section; and
(ii)for providing copies of records filed under this section.
(e)A certified copy of a comprehensive description and a certificate of publication or of a transfer with the seal of the Secretary of State attached is:
(1)evidence that the person complied with this subtitle; and
(2)prima facie evidence of:
(i)title to or right to use, collect, or deliver the corresponding returnable containers; and
(ii)title to the corresponding returnable textiles.