Maryland’s Trademark Infringement Laws: A Guide for Businesses

Maryland’s trademark infringement laws are crucial for businesses looking to protect their brand identity and avoid costly legal disputes. Understanding these laws can help entrepreneurs safeguard their intellectual property while fostering a fair competitive environment.

Trademark infringement occurs when a party uses a trademark that is identical or confusingly similar to a registered trademark owned by another entity, without permission. In Maryland, businesses can take legal action against infringers under both state and federal laws.

Maryland State Trademark Laws

Maryland has its own set of trademark laws, primarily governed by the Maryland Code, Business Regulation § 1-101 to § 1-207. These laws allow businesses to register their trademarks at the state level, offering protection against unauthorized use within Maryland. Businesses seeking state registration must provide evidence that their trademark is distinctive and non-functional.

Federal Trademark Laws

In addition to state laws, Maryland businesses can also seek protection under federal trademark laws governed by the Lanham Act. Registering a trademark with the United States Patent and Trademark Office (USPTO) provides broader protection, allowing businesses to enforce their rights across the entire country. This is particularly important for businesses that plan to expand beyond state lines.

Elements of Trademark Infringement

To prove trademark infringement in Maryland, the following elements must generally be established:

Ownership of a valid trademark: The plaintiff must demonstrate that they own a valid trademark that is recognized by the law.
Use of a similar mark: The defendant must be using a mark that is either identical or confusingly similar to the plaintiff’s registered trademark.
Likelihood of confusion: The plaintiff must show that the defendant’s use of the mark is likely to cause confusion among consumers regarding the source of goods or services.

Defenses Against Trademark Infringement

Businesses accused of trademark infringement in Maryland may use several defenses, including:

Fair use: This defense applies when the use of the trademarked term is descriptive or used in a non-commercial context.
Abandonment: If the original trademark holder has stopped using the trademark or failed to enforce it, they may lose their rights.
First use: If the defendant can prove they were first to use a similar mark in commerce, they may avoid liability.

Damages and Remedies

If a trademark infringement claim is successful, Maryland courts can award various remedies, including:

Injunctive relief: Courts may prohibit the infringing party from using the conflicting trademark.
Monetary damages: Victims may be entitled to damages that reflect the profits lost due to the infringement or any profits earned by the infringer.
Attorney’s fees: In some cases, the courts may order the infringer to pay for the plaintiff’s legal costs.

Preventive Measures for Businesses

To avoid potential trademark infringement issues, businesses in Maryland should consider the following steps:

Conduct thorough trademark searches: Before launching a brand, conduct a comprehensive search to ensure your desired trademark is unique and not already in use.
Register your trademark: Consider registering your trademark at both the state and federal levels to establish stronger protection.
Monitor your trademark: Regularly monitor the market for any unauthorized uses of your trademark.

Understanding Maryland’s trademark infringement laws is vital for protecting your business's identity and ensuring ethical business practices. By being proactive about trademark registration and enforcement, businesses can mitigate risks and foster a secure marketplace.