{"data":{"id":"us-md/md.-code-business-regulation-1-404","jurisdiction":"us-md","citation":"Md. Code, Business Regulation § 1–404","heading":"","body":"(a) If a person uses a mark in the State, the person may register the mark in accordance with this subtitle.\n(b) A person may not register a mark that:\n(1) is deceptive, immoral, or scandalous;\n(2) may disparage, falsely suggest a connection with, or bring into contempt or disrepute:\n(i) a belief;\n(ii) an individual, living or dead;\n(iii) an institution; or\n(iv) a national symbol;\n(3) is, simulates, or includes a coat of arms, flag, or other insignia of a government;\n(4) is or includes the name, portrait, or signature of a living individual, except with the written consent of the individual; or\n(5) is likely, when applied to the goods or services of the person, to confuse or deceive because the mark resembles:\n(i) another mark registered in the State; or\n(ii) a mark or trade name that another person has used in the State and has not abandoned.\n(c) (1) Unless the mark has become distinctive of the person’s goods or services, a person may not register a mark that:\n(i) only describes or deceptively misdescribes goods or services;\n(ii) primarily describes or deceptively misdescribes the geographic origin of goods or services; or\n(iii) is primarily an individual’s name or surname.\n(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.\n(d) A person may not register a trade name that is not a mark.","path":["Article - Business Regulation"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gbr\u0026section=1-404","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:56:23Z","sha256":"698446052de16f1936cce5f5d54f79d2473997a8995d88a5f324be5f9435ab9e","source_id":"us-md","stale":false,"prev":"us-md/md.-code-business-regulation-1-403","next":"us-md/md.-code-business-regulation-1-405"},"notice":"GroundRules: Original legal text. Not legal advice."}