§ 1–412
Statutes in effect as of October 1, 2026.
Md. Code Ann., Bus. Reg. § 1-412 (2026)
Title 1. Definitions; General Provisions
Subtitle 4. Trademarks, Service Marks, and Trade Names
§ 1–412LinkCopy Citation
(a)
The Secretary of State shall cancel a registration of a mark if:
(1)
the registrant asks that it be canceled;
(2)
the registrant fails to renew it;
(3)
a court of competent jurisdiction orders that it be canceled on any ground; or
(4)
a court of competent jurisdiction finds that:
(i)
the mark is abandoned;
(ii)
the registrant does not own the mark;
(iii)
the registration was granted improperly; or
(iv)
the registration was obtained fraudulently.
(b)
(1)
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:
(i)
was registered by another person in the United States Patent Office before the date the registrant applied for registration under this subtitle; and
(ii)
is not abandoned.
(2)
The Secretary of State may not cancel the registration of a mark if the registrant proves that:
(i)
the registrant holds a concurrent registration of the mark in the United States Patent Office; and
(ii)
the registration in the United States Patent Office covers an area that includes the State.