§ 1–404
Statutes in effect as of October 1, 2026.
Md. Code Ann., Bus. Reg. § 1-404 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Trademarks, Service Marks, and Trade Names
§ 1–404LinkCopy Citation
(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.
(c)
(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.