Maryland Trademark Registration

If your business operates in Maryland and you want to protect a brand name, logo, or slogan within the state, a Maryland state trademark can be a fast and relatively affordable way to secure your rights locally. It does not replace a federal USPTO registration, but it strengthens your position in Maryland and helps you act against confusingly similar uses.

This guide explains how to register a trademark or service mark with the Maryland Department of Assessments and Taxation (SDAT) and when it makes sense to seek federal protection in addition to, or instead of, a Maryland registration.

Key Facts

• Authority: Maryland Department of Assessments and Taxation (SDAT).
• Application form: State trademark application filed through Maryland Business Express.
• Filing method: Online via SDAT or by mail.
• Filing fee: USD $50 per application (non-refundable).
• Specimens: Three different specimens or reproductions of the mark as currently used in commerce (business papers such as letterhead, business cards, and envelopes are not acceptable as specimens).
• Use requirement: The mark must already be in actual use in Maryland when you file.
• Term: 10 years from the date of registration under Maryland law; renewable for additional 10-year terms.
• Scope: Protection only within the State of Maryland.
• Federal USPTO option: For nationwide protection, consider a federal U.S. trademark registration. Base USPTO application fees typically range from $350–$550 per class, depending on the filing option and any additional surcharges.

If your business already serves customers in multiple states or primarily sells online, consider a federal U.S. trademark registration instead of, or alongside, a Maryland state filing.

What is a Maryland state trademark?

A Maryland state trademark (or service mark) is a word, name, symbol, logo, or combination registered with the Maryland Department of Assessments and Taxation (SDAT) for use on specific goods or services within the state. Registration:

• creates a public record that you claim rights in the mark for certain goods or services in Maryland,
• provides notice to others who search state records,
• strengthens your position in cease-and-desist letters and enforcement actions under Maryland law.

However, a Maryland registration does not automatically protect you in other states. For broader protection, you typically need a separate federal trademark registration with the USPTO.

Step 1: Search existing trademarks in Maryland

Before filing, you should verify that your proposed mark is available and does not conflict with existing registrations or uses in related industries.

A proper Maryland trademark search should begin with reviewing state trademark records maintained by the Maryland Department of Assessments and Taxation (SDAT). This search helps identify existing Maryland state trademark and service mark registrations that could conflict with your proposed mark at the state level.

However, a Maryland trademark search should not be limited to state records alone. A complete search also includes federal trademark registrations and pending applications, as well as common-law uses that may not appear in official databases. Reviewing both state and federal sources reduces the risk of conflicts and helps determine whether your mark can be safely used and registered.

1. Search Maryland trademark records
   The Maryland Department of Assessments and Taxation (SDAT) maintains a registry of state trademarks and service marks. When searching, look for:
   • exact matches to your proposed mark,
   • similar spellings, phonetic equivalents, and obvious misspellings,
   • plural/singular variants, abbreviations, and acronyms,
   • similar-looking logos or stylized designs.
2. Check beyond Maryland
   Even if the state registry appears clear, you should also search:
   • USPTO TESS for potentially conflicting federal registrations and pending applications,
   • domain name registries for similar or matching domains,
   • major social media platforms for overlapping brand names and handles,
   • search engines for business, product, and service names that might create a conflict even without registration (common-law rights).
3. Evaluate the risk of conflicts
   If you find marks that look or sound similar and cover related goods or services, your application could face obstacles or create a risk of disputes. In borderline situations, it may be safer to adjust your mark before filing.

Need a deeper risk review? Bonamark offers professional trademark searches that combine Maryland state records, federal data, and common-law sources to help you understand the level of risk before you invest in filing.

Step 2: Confirm that your mark is in use in Maryland

Maryland is a use-based jurisdiction for state trademarks. You cannot file a state application based solely on an intent to use the mark in the future. The mark must already be in actual use in commerce in Maryland when you apply.

• For goods: the mark should appear on the goods themselves, on labels, packaging, tags, or point-of-sale displays for products sold or distributed in Maryland.
• For services: the mark should be used in advertisements, websites, signage, brochures, or similar materials that promote services actually rendered in Maryland.

Record when you first used the mark anywhere and when you first used it in Maryland. You will be asked to provide these dates in the application, and you must submit three specimens showing current use.

Step 3: Prepare your Maryland trademark application

Maryland uses an official Application for Registration of Trademark or Service Mark issued by the Maryland Department of Assessments and Taxation (SDAT). In the application, you will generally provide:

• Owner information – the name, business address, and entity type (individual, corporation, LLC, partnership, or association). For entities, you will usually state the jurisdiction of formation.
• Full description of the mark – including any words, stylization, and design elements. For design marks, you may attach a reproduction of the mark.
• Description of goods/services – a clear and concise description of the goods or services with which the mark is used in Maryland.
• Classification – the class of goods or services under Maryland’s classification system (which is closely aligned with international classes).
• Ways the mark is used – for example, on uniforms, advertising, banners, the internet, signs, vehicles, packaging, and other uses.
• First-use dates – the date the mark was first used anywhere and the date it was first used in Maryland.
• Three specimens – three different specimens or reproductions of the mark as used (see below for specimen details).
• Declaration – a statement that you own the mark, that no one else has the right to use it in Maryland, and that the mark is not deceptively similar to another mark in the state registry.

Specimen requirements in Maryland

Maryland requires three different specimens or reproductions of the mark, showing how it is currently used in commerce. These specimens should reflect real-world use, not just a graphic design file or mock-up.

Common examples of acceptable specimens include:

• labels, tags, or packaging bearing the mark,
• photographs of the mark on products, displays, or vehicles,
• signage or banners showing the mark,
• screenshots of a website or online store where the mark appears together with the goods or services and a way for customers in Maryland to engage you.

Business papers such as letterhead, business cards, and envelopes are not acceptable as specimens under Maryland rules. Make sure the mark on your specimens matches the mark described in the application.

Step 4: File your application with the Maryland Department of Assessments and Taxation (SDAT)

Once your application is complete and your specimens are ready, you can file with the Maryland Department of Assessments and Taxation (SDAT).

1. Complete and review the application form
   Use the current version of the Application for Registration of Trademark or Service Mark from the Maryland Department of Assessments and Taxation (SDAT) website. Review each section for accuracy and completeness.
2. Prepare the filing fee
   The standard filing fee is USD $50. The fee is generally non-refundable, even if the application is refused or abandoned.
3. Attach three specimens
   Include three different, clear and legible specimens or reproductions of the mark in use, following any formatting guidelines indicated on the form.
4. Submit the application
   File the signed original application, specimens, and fee by mail or in person to the Maryland Department of Assessments and Taxation (SDAT) at the address provided on the form.

After filing, the Maryland Department of Assessments and Taxation (SDAT) will examine your application for compliance with Maryland’s trademark statute, including whether the mark is registrable and whether it conflicts with an existing registration. If there are issues (such as missing information or problems with the specimens), you may receive a request for corrections or additional information.

If your application is approved, SDAT will register your mark and issue a Certificate of Registration, which will list the owner, description of the mark, goods or services, class, dates of first use, and the registration date and term.

Step 5: Use, monitor, and enforce your Maryland trademark

Registration is only one part of building a strong brand. To maintain and enforce your rights, you must continue to use the mark and monitor your market.

Use the mark consistently

• Use the mark in the same form as it appears in your registration and on your specimens.
• Avoid major changes in spelling, stylization, or design without considering a new filing.
• Keep records and updated specimens that document ongoing use in Maryland.

Monitor for infringement

• Watch competitors and newcomers in your industry within Maryland for similar names, logos, or slogans.
• Monitor online marketplaces, directories, and social media where your customers may encounter competing brands.
• Address potential conflicts early to reduce confusion and protect your brand’s reputation.

Enforcement options

If another party uses a confusingly similar mark in Maryland, you may be able to:

• send a cease-and-desist letter demanding that they stop the infringing use,
• negotiate a coexistence, rebranding, or settlement agreement,
• pursue civil action under Maryland trademark and unfair competition laws, seeking injunctive relief and, in some cases, damages.

Your state registration serves as important evidence of ownership and priority when enforcing your rights.

Step 6: Renewal and maintenance (10-year term)

A Maryland state trademark registration is effective for 10 years from the date of registration. It can be renewed for additional 10-year periods as long as the mark remains in use and you meet the renewal requirements.

Renewal basics

• Within the year before your registration expires, SDAT may send a renewal notice to your last known address, but you are responsible for tracking renewal deadlines.
• To renew, you must file a renewal application within the 6 months before the registration’s expiration date.
• You must submit three specimens showing the mark as currently used in Maryland.
• You must pay a renewal fee (generally $50).
• You must confirm in the application that the mark is still in use in Maryland and is still registrable.

If you do not renew on time, your registration will expire. You may need to file a new application and could lose priority if others adopt similar marks in the meantime.

Maryland state trademark vs federal USPTO registration

If your brand is already crossing state lines through e-commerce, franchising, or regional distribution, it often makes sense to combine a Maryland registration with a federal U.S. trademark registration for broader and stronger protection.