Section 1-406 - Applications for registration. - Maryland Statutes

§ 1-406. Applications for registration.
 

(a)  In general.- 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 specimens or reproductions of the mark; and 

(2) pay to the Secretary of State a fee of $50. 

(b)  Signature required.- An application shall be signed, under oath: 

(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. 

(c)  Contents of application.- 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, the state of incorporation; 

(4) the goods or services with which the applicant uses the mark; 

(5) the way the applicant uses the mark with the goods or services; 

(6) the class under § 1-405 of this subtitle to which the goods or services belong; 

(7) 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 

(8) 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. 

(d)  Scope of single application.- 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. 
 

[An. Code 1957, art. 41, §§ 3-103, 3-109; 1992, ch. 4, § 2; ch. 48.]