Best Trademark Lawyers in Maryland

About Trademark Law in Maryland, United States

Trademarks are legal protections for words, names, symbols, devices, or any combination that identifies and distinguishes the source of goods or services. In Maryland, as in the rest of the United States, trademark rights can be established by using a unique mark in commerce. Registration at the state or federal level provides additional advantages, including public notice of ownership and access to legal remedies in the event of infringement. Maryland operates its own trademark registration system, which is separate from federal registration with the United States Patent and Trademark Office (USPTO). Understanding the interplay between state and federal trademark law is essential for individuals and businesses seeking comprehensive protection for their brands.

Why You May Need a Lawyer

Trademarks can be complex, and legal assistance is helpful in a variety of situations. Some common reasons to seek a trademark lawyer in Maryland include:

• Conducting a search to ensure your proposed mark does not infringe on existing trademarks
• Filing an application for trademark registration at the state or federal level
• Responding to office actions or oppositions from trademark authorities
• Enforcing your rights against infringers using your trademark without permission
• Defending yourself if accused of infringing someone else’s trademark
• Drafting and negotiating trademark licensing agreements
• Advising on the use and display of your mark to maintain protection
• Assisting with trademark renewals, assignments, and other administrative matters

Legal counsel can help protect your brand, secure your rights, and avoid costly mistakes in the registration and enforcement process.

Local Laws Overview

Maryland trademark law is governed by the Maryland Trademark Act, which is found in Title 1, Subtitle 4 of the Business Regulation Article of the Annotated Code of Maryland. Some key aspects include:

• State registration provides protection only within Maryland and does not replace federal registration
• The Secretary of State’s Office manages registration and recordkeeping of trademarks in Maryland
• To qualify for registration, a trademark must be distinctive and not likely to be confused with any existing mark
• Trademarks can be registered for a five-year period and renewed for additional five-year periods
• The owner of a registered mark may bring a court action for infringement within Maryland
• The law also prohibits the fraudulent registration or use of marks

Maryland law aims to work in harmony with federal trademark law, but state and federal systems operate independently. Many Maryland businesses choose to register at both the state and federal level for enhanced legal protection.

Frequently Asked Questions

What is the difference between a state and a federal trademark?

A Maryland state trademark protects your brand within the state’s borders, while a federal trademark registered with the USPTO provides nationwide protection. Many businesses opt for both registrations depending on their market reach.

How do I register a trademark in Maryland?

You must file an application with the Maryland Secretary of State, provide a specimen showing the mark’s use in commerce, pay the required fee, and comply with state requirements regarding distinctiveness and availability.

Can I use the TM or ® symbol if I register my trademark in Maryland?

You can use the TM symbol to indicate you claim rights in a mark regardless of registration. The ® symbol should only be used with marks registered federally with the USPTO, not with state-only registrations.

How long does a Maryland trademark registration last?

A Maryland trademark registration lasts for five years and can be renewed indefinitely for additional five-year periods, as long as the mark is still in use.

How do I check if a trademark is already registered in Maryland?

You can search the Maryland Secretary of State’s online trademark database or contact the office directly for assistance.

Can I sue someone in Maryland for using my trademark?

If you have a valid trademark, either registered or recognized at common law through use, you may file a lawsuit against infringers in Maryland courts.

Do I need a lawyer to file a trademark application in Maryland?

While not required, a lawyer can help ensure the process goes smoothly and improve your chances of successful registration and enforcement.

What are the common reasons a Maryland trademark application might be denied?

Applications may be denied if the mark is confusingly similar to an existing mark, is generic or merely descriptive, or does not meet other state requirements.

What should I do if I receive a cease and desist letter regarding a trademark dispute?

Contact a qualified trademark attorney promptly to evaluate your options and respond appropriately. Do not ignore legal correspondence regarding trademark matters.

Is my Maryland trademark valid outside of the state?

No, protection offered by Maryland registration does not extend beyond state borders. For nationwide protection, you should apply for federal registration with the USPTO.

Additional Resources

Below are some helpful resources for anyone seeking guidance or assistance regarding trademarks in Maryland:

• Maryland Secretary of State - Trademarks office
• United States Patent and Trademark Office (USPTO)
• Maryland State Bar Association - Intellectual Property Section
• Local law schools offering legal clinics focused on intellectual property
• Small Business Development Centers in Maryland

Next Steps

If you believe you need legal assistance with a trademark matter in Maryland, consider taking these steps:

• Identify your specific issue, such as registration, enforcement, or responding to a dispute
• Gather any relevant documents and evidence, such as examples of your mark’s use
• Search for attorneys or legal clinics with experience in Maryland trademark law
• Contact a lawyer to schedule a consultation and discuss your options
• Carefully consider both state and federal trademark protection, depending on your business needs

Taking thoughtful action now can help you establish, protect, and enforce your valuable trademark rights in Maryland and beyond.