How to Get Your Company Name Trademarked in Maryland

The "at," copyright and trademark symbols

A trademark is a name or symbol used on a product or its related packaging and marketing materials. Businesses use a trademark to brand the product and distinguish it from competing products. Maryland allows companies to register a trademark for products or a service mark for services sold in the state's market. Companies should register and get a company name or a symbol trademarked before competitors use a similar mark. They can then secure the exclusive right to use the trademark without the threat of legal action for trademark infringement.

Things You'll Need

• Maryland trademark application
• 3 trademark specimens

Instructions

1. Access the Maryland online trademark search tool. Make sure that your company name is not already trademarked. Search for Maryland service marks with this tool.

2. Search for a name by entering your company name. Enter a description of your trademark. For example, enter "circle" if your trademark includes a circle around your company name. The search tool will find all trademarks that include circles. Select your industry as the classification, or find all possible trademarks by leaving the "Classification" menu as the "Select Classification" default. Ensure that your company name is available for registration by looking through the search results.

3. Use the trademark in commerce. You must use Maryland trademarks in commerce before registering them with the state. Put the company name on your product, packaging or displays. You may also put the trademark on a tag or a label.

4. Prepare three specimens as proof of your trademark's use in commerce. Maryland requires you to submit the specimens with the Maryland trademark application. Specimens can include actual tags or labels, but you may submit photographs for boxes, products or other big items. You may not use business cards or other items that do not provide proof of actual use in commerce. Provide a photograph or samples of brochures, signs, or other advertisements when registering a service mark.

5. Access the Maryland trademark registration application. Fill out the application. Ensure that you pick the correct classification for your industry by using the classification tool. Print out the completed application.

6. Write a check or money order for payment. As of 2010, the fee is $50 to register a trademark or a service mark in Maryland. Make funds payable to the Secretary of State. Send the specimens, fee and completed application to the Maryland Secretary of State with the following contact information:

   Trademark Division
   Office of the Secretary of State
   State House
   Annapolis, MD 21401
   410-974-5521, ext. 3859
   sos.state.md.us

Tips & Warnings

• Renew your trademark by using the same application form. A registered trademark in Maryland remains valid for 10 years.

• Register a federal trademark to obtain national protection for your mark. A Maryland mark only protects your trade or service mark within the state. You should also run a search for federal trademarks to ensure that your company name does not infringe the rights of another company.

References

• MD Secretary of State: Search Trademarks and Service Marks
• MD Secretary of State: Trademarks and Service Marks -- FAQ
• MD Secretary of State: Trademark or Service Mark Registration or Renewal Form

Resources

• MD Secretary of State: Trademarks and Service Marks -- Classification List
• United States Patent and Trademark Office: Trademarks Home Page