Section 1-404 - Registration authorized(a) If a person uses a mark in the State, the person may register the mark in accordance with this subtitle.(b) A person may not register a mark that: (1) is deceptive, immoral, or scandalous;(2) may disparage, falsely suggest a connection with, or bring into contempt or disrepute: (ii) an individual, living or dead;(3) is, simulates, or includes a coat of arms, flag, or other insignia of a government;(4) is or includes the name, portrait, or signature of a living individual, except with the written consent of the individual; or(5) is likely, when applied to the goods or services of the person, to confuse or deceive because the mark resembles:(i) another mark registered in the State; or(ii) a mark or trade name that another person has used in the State and has not abandoned.(c)(1) Unless the mark has become distinctive of the person's goods or services, a person may not register a mark that:(i) only describes or deceptively misdescribes goods or services;(ii) primarily describes or deceptively misdescribes the geographic origin of goods or services; or(iii) is primarily an individual's name or surname.(2) As evidence that a mark has become distinctive of the goods or services of a person, the Secretary of State may accept proof that the person has used the mark as a mark in the State or elsewhere continuously for at least 5 years immediately before the day on which the person applies for registration.(d) A person may not register a trade name that is not a mark.Amended by 2020 Md. Laws, Ch. 501,Sec. 1, eff. 10/1/2020.