Title 1. Definitions; General Provisions — Subtitle 4. Trademarks, Service Marks, and Trade Names

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

an assignee, a legal representative, or a successor of a person who submits an application for registration of a mark under this subtitle.

places on goods that the person sells or distributes, a container of the goods, a display associated with the goods, or a label or tag affixed to the goods to identify those goods that the person makes or sells and to distinguish them from goods that another person makes or sells; or

displays or otherwise uses to advertise or sell services that the person performs to identify those services that the person performs and to distinguish them from services that another person performs.

is deceptive, immoral, or scandalous;

may disparage, falsely suggest a connection with, or bring into contempt or disrepute:

is, simulates, or includes a coat of arms, flag, or other insignia of a government;

is or includes the name, portrait, or signature of a living individual, except with the written consent of the individual; or

is likely, when applied to the goods or services of the person, to confuse or deceive because the mark resembles:

Unless the mark has become distinctive of the person’s goods or services, a person may not register a mark that:

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.

raw or partly prepared materials.

animal products.

baggage, animal equipments, portfolios, and pocketbooks.

music and audio.

candles and essential oils.

chemicals and chemical compositions.

computers and peripherals.

smokers’ articles, not including tobacco products.

explosives, firearms, equipments, and projectiles.

fertilizers.

applications and software.

construction materials.

hardware and plumbing and steam–fitting supplies.

flowers and plants.

oils and greases.

cannabis.

novelties and souvenirs.

medicines and pharmaceutical preparations.

vehicles.

small and large appliances.

electrical apparatus, machines, and supplies.

games, toys, and sporting goods.

cutlery, machinery, and tools, and parts thereof.

boats and marine items.

educational materials.

measuring and scientific appliances.

horological instruments.

jewelry and precious metalware.

eyewear.

crockery, earthenware, and porcelain.

home goods.

furniture and upholstery.

glassware.

heating, lighting, and ventilating apparatus.

belting, hose, machinery packing, and nonmetallic tires.

musical instruments and supplies.

paper and stationery.

prints and publications.

clothing.

fancy goods, furnishings and notions.

office goods.

knitted, netted and textile fabrics, and substitutes therefor.

security devices.

dental, medical, and surgical appliances.

soft drinks and carbonated waters.

food and ingredients of food.

wines.

malt beverages and liquors.

distilled alcoholic liquors.

merchandise not otherwise classified.

cosmetics and toiletries.

detergents and soaps.

miscellaneous.

advertising and business.

insurance and financial.

construction and repair.

communications.

transportation and storage.

material treatment.

education and entertainment.

employment and employee benefits.

gardening and farming.

shipping and packaging.

government services.

hospitality and lodging.

community service and volunteering.

religious services and charity.

senior services.

research and development.

animal and pest.

social clubs.

security and police.

artistry and design.

real estate and settlement.

mental health and wellness.

medical, vision, and dental health.

restaurant and food preparation.

fitness and beauty.

janitorial and landscape.

legal and consulting.

sports and recreation.

child services.

funeral.

recycling and disposal.

cannabis services.

submit to the Secretary of State:

pay to the Secretary of State a fee of $50.

for an individual, by the individual;

for a partnership, by a partner; or

for a corporation or association, by an officer of the corporation or association.

the name of the applicant;

the business address of the applicant;

for an applicant that is a corporation, limited liability company, or partnership, the state of formation;

a description of the full mark including words, if applicable;

a description of the goods or services with which the applicant uses the mark;

a listing of the ways the mark is being used, including on uniforms, advertising, banners, the Internet, signs, vehicles, and packaging;

the class under § 1–405 of this subtitle to which the goods or services belong;

the date when the applicant or the applicant’s predecessor in business:

a statement that:

may cover use of the mark with any number of goods or services in a single class; but

may not cover use of the mark with goods or services in different classes.

the signature of the Secretary of State, under the seal of the Secretary of State;

the name of the registrant;

the business of the registrant;

the address of the registrant;

for a registrant that is a corporation, the state of incorporation;

the date that the registrant claims to have first used the mark anywhere;

the date that the registrant claims to have first used the mark in the State;

a description of the goods or services with which the registrant uses the mark;

the class under § 1–405 of this subtitle to which the goods or services belong;

a full description of the mark;

the date of registration; and

the term of registration.

a renewal application form; and

a notice that states:

the registrant submits to the Secretary of State:

the registrant states in the renewal application that the mark is still in use in the State;

the mark otherwise is entitled to be registered; and

the registrant pays to the Secretary of State a renewal fee of $50.

the good will of the business that uses the mark; or

that part of the good will of the business connected with the mark.

submitting the instrument of assignment by an officer of the assignor to the Secretary of State; and

paying to the Secretary of State a fee of $10.

within 3 months after the date of the assignment; or

before the subsequent purchase.

the registrant asks that it be canceled;

the registrant fails to renew it;

a court of competent jurisdiction orders that it be canceled on any ground; or

a court of competent jurisdiction finds that:

Subject to paragraph (2) of this subsection, the Secretary of State shall cancel the registration of a mark if a court of competent jurisdiction finds the mark to be likely to confuse or deceive because it resembles a mark that:

The Secretary of State may not cancel the registration of a mark if the registrant proves that:

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 origin of the goods or services; or

reproduce or colorably imitate a mark registered under this subtitle and apply the reproduction or colorable imitation to an advertisement, label, package, print, receptacle, sign, or wrapper that is intended to be used:

A person who violates this section is liable in a civil action to a registrant for any remedy provided in this section.

A registrant may recover profits or damages from a person who violates subsection (a)(2) of this section only if the person intended that the mark be used to confuse or deceive.

grant an injunction to restrain the display, manufacture, sale, or use of a reproduction or colorable imitation of a registered mark;

require the defendant to pay to the registrant for the wrongful display, manufacture, sale, or use of a reproduction or colorable imitation of a mark:

require the defendant to deliver to an officer of the court or to the registrant, for destruction, any reproduction or colorable imitation of the mark that is in the possession or under the control of the defendant.