Legal Question in Business Law in Maryland

Re: Trade Name in MD

You can use the name without registering for a trademark. However, if someone comes into your market, registers the trademark and begins using it, it is more difficult to establish your rights to the use of the name. Your rights in a trademark are based upon your first use in commerce, not when you register the mark. Registration is considered very persuasive evidence of a superior right to use. You do not give up your rights to use the name by not registering, you could just be in for a long court battle and very hefty legal bills to establish that you have superior rights to its use. Registration is a relatively inexpensive process which could save you hundreds of thousands of dollars in the future.

Re: Trade Name in MD

If you want to be able to have exclusivity in using the trade name and avoid being legally challenged by someone else who has registered that name or a similar one, you ought to contact the Dept. of Assessments and Taxation, check to see if it's available, and if so, get an application to register it. It's relatively simple and inexpensive.