Protecting Trademarks, Service Marks, and Trade Names in Maryland
Ever wonder how you protect a trademark, service mark, or trade name in Maryland? According to the Maryland Office of the Secretary of State - Trademarks & Servicemarks web site,
"Any person who adopts and uses a mark in Maryland may file in the Office of the Secretary of State an application for registration of the mark. If the statutory requirements have been met, the Secretary of State will issue a certificate of registration. Before a decision is made to deny an application, the applicant is entitled to a hearing before the Secretary of State or the Secretary's designee." (emphasis added)
The statement says "may file," not "shall file." Obviously, there is no requirement that a person or entity register a trademark or service mark in Maryland.
The purpose and benefit of registering? Notice!
"The primary benefit of registering a trademark or service mark with the Secretary of State is to give public notice of a person's claim of ownership of the trademark or service mark. This will reduce the likelihood that another person will inadvertently choose a mark confusingly similar to the registered mark." (emphasis added)
A trademark or service mark must be in commercial use before it may be registered with the Secretary of State. More about Maryland trademarks and service marks may be found here. The Office's web site provides the forms and information to apply for registration. Of course, registration in Maryland does not mean a mark is registered outside the state. For federal protection, one must apply for registration from the U.S. Trademark Office.
Maryland trade names are applied for through the Maryland State Department of Assessments and Taxation (SDAT). The SDAT web site provides a Maryland trade name application form for applying for trade name status in Maryland.
