Cockeysville, MD asked in Business Law for Maryland

Q: What do I need to do to keep my company TM but have it revert from a federally registered one to just a regular TM?

I'd like to do this as cheaply as possible.

Related Topics:
1 Lawyer Answer

A: The federal trademark is a nationally recognized trademark that allows you to potentially block users anywhere from using it under the federal law. However, nobody can block you from using the mark that you have been using prior to any other party's adoption of it. For most small businesses operating in only one state or limited geographic area of two or three states, the business can get by with state registration of a trade name (this is not a logo registration, but a name registration). In Maryland, your company simply fills out a trade name registration form and files it for a fee of $25.00. The registration is valid for 5 years, then expires unless you file a renewal before the expiration date. Once registered by your company, you are granted exclusive use of the trade name within the state, and anyone dealing with your company under that name will be deemed to be on notice that they are dealing with your legally registered company/entity that registered the trade name. if your company does business in other states on a regular business, you will want to register your company as well as the trade name(s) you want to use in those states as well.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.