Maryland Statute and Regulation

• Jurisdiction: Maryland

XII. MARYLAND STATUTE AND REGULATION

A. What it Says

Maryland has its own trademark statute.¹⁶⁸ The Maryland statute is a very scaled down version of the federal statute, with the core provision prohibiting use of a mark "if the use is likely to confuse or deceive about the origin of the goods or services."¹⁶⁹ In addition to creating an additional cause of action, a core benefit of a Maryland registration is that the mark appears on searches when a third party attempts to clear a name for future use.

B. What it Means

Few cases are brought in Maryland courts, and Maryland trademark law is usually a subordinate pleading to the Lanham Act claim; even then, the cause...