How to Register a Trademark in Maryland (2026)
Reviewed by DocDraft Legal Team · Maryland · Last updated August 12, 2026
A Maryland state trademark or service mark is registered with the Maryland Secretary of State's Trademark Division under the Maryland trademark statute, Md. Code, Business Regulation 1-401 et seq. The filing fee is $50 per class of goods or services, and a separate application must be filed for each class. A Maryland registration lasts ten years and is renewable. State registration only protects the mark inside Maryland, so businesses selling across state lines or online usually register federally with the USPTO instead of, or in addition to, filing in Annapolis.
How much does it cost to register a trademark in Maryland?
The Maryland Secretary of State charges $50 per class of goods or services. Because a separate application must be filed for each classification, a mark used across two classes costs $100. The fee is non-refundable and is paid by check to the Secretary of State. This is far below the USPTO's $350-per-class federal fee.
What law governs Maryland state trademark registration?
Maryland state trademark and service mark registration is governed by Md. Code, Business Regulation Title 1, Subtitle 4, at Section 1-401 et seq. The Secretary of State's Trademark Division administers it. Federal marks are separate and fall under the Lanham Act, 15 U.S.C. Section 1051 et seq., administered by the USPTO.
How long does a Maryland trademark registration last?
A Maryland registration lasts ten years from the date of registration and can be renewed for further ten-year terms. Renewal is filed with the Secretary of State before the current term expires. This matches the federal ten-year cycle, though the Maryland process is simpler and does not require the interim declarations the USPTO demands.
Do I register in Maryland or with the USPTO?
A Maryland registration only protects your mark within Maryland. If you sell across state lines or online, federal registration with the USPTO gives nationwide priority and is usually the better choice. Many owners file in Maryland for a low-cost, local record, or use both, since state and federal registration can coexist.
Filing with the Maryland Secretary of State's Trademark Division
Unlike most Maryland business filings that go through the Department of Assessments and Taxation, trademark and service mark registrations are handled by the Secretary of State's Trademark Division in Annapolis, historically located at 16 Francis Street on the State House grounds. The governing statute, Md. Code, Business Regulation 1-401 et seq., tracks the Model State Trademark Bill, so its likelihood-of-confusion and classification concepts mirror federal practice. A distinctive feature of the Maryland scheme is that it is strictly per-class: the Secretary of State requires a separate application and a separate $50 fee for each classification of goods or services, rather than one application covering multiple classes. Applicants must already be using the mark in Maryland, because the statute does not offer a federal-style intent-to-use reservation. Registration establishes a public record and evidentiary benefits within the state but does not expand rights beyond Maryland's borders.
Relevant Laws
Maryland trademark statute, Md. Code, Business Regulation 1-401 et seq.
The Maryland Trademark, Service Mark, and Trade Name law (Title 1, Subtitle 4) that governs state registration, likelihood of confusion, the ten-year term, and renewal through the Secretary of State.
Maryland Secretary of State, Trademark Division
The official state filing office for Maryland trademark and service mark registration. Provides the application form, the $50-per-class fee schedule, and the ten-year term details.
Maryland Uniform Trade Secrets Act, Md. Code, Commercial Law 11-1201 et seq.
Maryland's adoption of the Uniform Trade Secrets Act, providing civil remedies including injunctions, damages, and attorney's fees for misappropriation of trade secrets.
Lanham Act (Trademark Act of 1946), 15 U.S.C. 1051 et seq.
The federal trademark statute administered by the USPTO. Governs nationwide registration and the likelihood-of-confusion standard that Maryland's state law parallels.
Regional Variances
Maryland state registration compared with federal and common-law rights
Maryland (Secretary of State)
Governed by Business Regulation 1-401 et seq. $50 per class, with a separate application per class. Ten-year term, renewable. Protection is limited to Maryland and requires actual in-state use.
Federal (USPTO)
Governed by the Lanham Act. $350 per class, one application can cover multiple classes, and intent-to-use filing is allowed. Ten-year term with interim declarations. Gives nationwide priority and the right to use the registered mark symbol.
Common law (use in Maryland)
Rights arise automatically from using a mark in a Maryland trading area, with no fee. Enforceable but limited to that actual area, and harder to prove than a Secretary of State certificate.
Related Maryland intellectual property and privacy law
Trade secrets (adopted)
Maryland adopted the Uniform Trade Secrets Act at Commercial Law 11-1201 et seq., offering injunctions, damages, and attorney's fees for willful misappropriation.
Right of publicity (common law)
No general statute. Maryland uses the common-law appropriation tort, limited to names and likenesses with commercial value, plus the narrow Fallen Soldier Privacy Act.
State versus federal fee gap
Maryland's $50-per-class fee is a fraction of the USPTO's $350-per-class base fee, making a state filing an inexpensive option for a purely local Maryland business.
Suggested Compliance Checklist
Confirm actual use of the mark in Maryland
Before filing days after startingMaryland registration under Business Regulation 1-401 et seq. requires current use in the state. Record your date of first use in Maryland for each good or service, since there is no intent-to-use option.
Clear the mark against Maryland and federal records
Before filing days after startingSearch the Secretary of State's trademark records and the USPTO Trademark Search database for confusingly similar marks on related goods or services before paying the non-refundable fee.
Classify each good or service
Before filing days after startingAssign each good or service to its international class. Maryland requires a separate application and a separate $50 fee for each class, so class count directly drives your total cost.
File the Secretary of State application with fee
When using the mark days after startingSubmit the Maryland Trademark or Service Mark registration form to the Trademark Division with a $50 check per class and a specimen showing the mark in use.
Calendar the ten-year renewal
Before the 10-year term expires days after startingDocket the expiration date and file a renewal with the Secretary of State before the ten-year term ends to keep the Maryland registration active for another term.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use of the mark in Maryland | Maryland registration under Business Regulation 1-401 et seq. requires current use in the state. Record your date of first use in Maryland for each good or service, since there is no intent-to-use option. | - | Before filing |
| Clear the mark against Maryland and federal records | Search the Secretary of State's trademark records and the USPTO Trademark Search database for confusingly similar marks on related goods or services before paying the non-refundable fee. | - | Before filing |
| Classify each good or service | Assign each good or service to its international class. Maryland requires a separate application and a separate $50 fee for each class, so class count directly drives your total cost. | - | Before filing |
| File the Secretary of State application with fee | Submit the Maryland Trademark or Service Mark registration form to the Trademark Division with a $50 check per class and a specimen showing the mark in use. | trademark-application | When using the mark |
| Calendar the ten-year renewal | Docket the expiration date and file a renewal with the Secretary of State before the ten-year term ends to keep the Maryland registration active for another term. | - | Before the 10-year term expires |
Frequently Asked Questions
No. A registration with the Maryland Secretary of State under Business Regulation 1-401 et seq. only gives rights within Maryland. To stop use in other states or to secure nationwide priority, you need a federal registration from the USPTO. State and federal registrations can be held at the same time on the same mark.
No. Maryland requires that the mark already be in use in the state on the goods or services before you apply, and the application asks for a date of first use in Maryland. The federal system allows an intent-to-use application under Lanham Act Section 1(b), but the Maryland statute has no equivalent reservation mechanism.
The Secretary of State treats each classification of goods or services separately, so a separate application and a separate $50 fee are required for each class. If your mark covers products in one class and services in another, you file two applications. This differs from the USPTO, where a single application can list multiple classes.
Yes. Maryland enacted the Maryland Uniform Trade Secrets Act, codified at Md. Code, Commercial Law 11-1201 et seq. It lets a business sue for misappropriation of trade secrets, obtain injunctions, and recover damages and, in willful cases, attorney's fees. Trademark and trade secret protection are separate tools that often work together to protect a brand.
Maryland has no general right of publicity statute. Individuals rely on the common-law appropriation branch of the invasion-of-privacy tort, which Maryland courts limit to names or likenesses that carry commercial value. A narrow statute, the Fallen Soldier Privacy Act, separately restricts commercial use of a deceased service member's name or image.: confirm the Fallen Soldier Privacy Act citation.
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