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

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Statutes > Maryland > Business-regulation > Title-1 > Subtitle-4 > 1-406

§ 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.]

State Codes and Statutes

Statutes > Maryland > Business-regulation > Title-1 > Subtitle-4 > 1-406

§ 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.]

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Statutes > Maryland > Business-regulation > Title-1 > Subtitle-4 > 1-406

§ 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.]