(a) If a person uses a mark in the State, the person may register the mark in accordance with this subtitle. (b) A person may not register a mark that: (1) is deceptive, immoral, or scandalous; (2) may disparage, falsely suggest a connection with, or bring into contempt or disrepute: (i) a belief; (ii) an individual, living or dead; (iii) an institution; or (iv) a national symbol; (3) is, simulates, or includes a coat of arms, flag, or other insignia of a government; (4) is or includes the name, portrait, or signature of a living individual, except with the written consent of the individual; or (5) is likely, when applied to the goods or services of the person, to confuse or deceive because the mark resembles: (i) another mark registered in the State; or (ii) a mark or trade name that another person has used in the State and has not abandoned. (c) (1) Unless the mark has become distinctive of the person’s goods or services, a person may not register a mark that: (i) only describes or deceptively misdescribes goods or services; (ii) primarily describes or deceptively misdescribes the geographic origin of goods or services; or (iii) is primarily an individual’s name or surname. or deceptively misdescribes goods or services; (ii) primarily describes or deceptively misdescribes the geographic origin of goods or services; or (iii) is primarily an individual’s name or surname. (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. (d) A person may not register a trade name that is not a mark.
Maryland Legal Code