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Maryland Business Formation Questions & Answers
4 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Maryland on
Q: Can I register a trademark for sports education services before registering my institution?

I would like to know if I can register a trademark for sports education services before formally registering my business institution. I'm planning to offer services in the sports education area and want to secure the brand name early on.

Rolanzo Richard White
Rolanzo Richard White
answered on May 30, 2025

Yes. You can file an intent to use trademark application. You'll be able to secure the name without having to provide a specimen for 6 months after the application is approved.

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4 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Maryland on
Q: Can I register a trademark for sports education services before registering my institution?

I would like to know if I can register a trademark for sports education services before formally registering my business institution. I'm planning to offer services in the sports education area and want to secure the brand name early on.

David Aldrich
David Aldrich
answered on May 30, 2025

It is important to file a trademark application in the name of the correct owner (otherwise, your trademark registration will be at risk). The correct owner is typically the individual or entity actually using the mark in commerce. Assuming your "business institution" is the entity that... View More

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4 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Maryland on
Q: Can I register a trademark for sports education services before registering my institution?

I would like to know if I can register a trademark for sports education services before formally registering my business institution. I'm planning to offer services in the sports education area and want to secure the brand name early on.

Alan Harrison
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answered on May 30, 2025

The sine qua non of trademark registration is actual use in commerce that Congress may regulate. You cannot register a trademark before you have established a business that actually offers the service for which you want to register the trademark. However, you can APPLY for a trademark registration... View More

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2 Answers | Asked in Business Formation and Business Law for Maryland on
Q: How can I keep my home address private for a Maryland sole proprietorship?

I'm planning to start a sole proprietorship in Maryland, providing video production services from my home. I deeply value privacy and want to keep my home address private. The filing website mentions that a P.O. Box cannot be used. Can I use a registered agent to maintain my privacy? Are there... View More

Mark Oakley
Mark Oakley
answered on Mar 31, 2025

You need a real address for the principal office. It does not need to be your personal residence. Obviously, that means you need to arrange for another address. If you have a friend or colleague willing to let you use their existing office for the purpose, basically a mail drop for you, that’s... View More

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1 Answer | Asked in Business Formation, Divorce and Family Law for Maryland on
Q: Can I structure an LLC to restrict my wife's access due to divorce?

I'm planning to form an LLC and would like to structure it so that my wife does not have access to it due to a possible divorce. We do not have any premarital agreements in place. Can you advise on how I might structure the business and what legal considerations I should be aware of?

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Any business you create in any form during your mariage becomes marital property. Your spouse may not necessarily have "access" in the sense of control, but she would have a claim to half the ownership or at leat half the value of the company. For instance, you can create an LLC and be... View More

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: How do I get approved to hold inventory at my home residence that is zoned as residential property?

I want to do a e commerce business where I order goods cheaply on-line and store them at my home/sell to customers via e commerce site. I will not be making any goods. I know I need a trader's license from the clerk of the court and I need to do a home affidavit form for zoning BUT that form... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Business uses are limited in residential districts. What can permissibly be done in a particular zoning district varies greatly by county in Maryland. If a desired use is not allowed in a particular district in your particular county, the only options are to petition for a zoning reclassification... View More

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: I need to know how to open a business checking account for my LLC, in my unique situation.

So I'm 15 years old and I live in Maryland. I have started an LLC for my soon to open T Shirt business that I'm starting. I formed it as a single member LLC and got my Articles of organization, EIN and all that stuff. My next step was to get a business checking account but I just learned... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Mar 25, 2024

You are correct. You have to be 18 years of age or older to open your own bank account without your parent's authorized as joint account holders. To my knowledge, there are no loopholes to this requirement. To put it simply, there is no way around this without adding your parents to your... View More

2 Answers | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: Can images created using AI websites be used for small business ideas such selling t-shirts or stickers?

I am looking to possibly start selling stickers and t-shirts online via Etsy. The images I am hoping to use would be created using AI websites. Is this something I am legally allowed to do?

Kenesha A Raeford
Kenesha A Raeford
answered on Jan 29, 2024

This is a great question, and is quite naturally very complex given the ever-changing landscape of technology. Right now, general intellectual property laws that govern internet images are essentially limited to uniquely created imagery and content that is produced by human individuals.... View More

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2 Answers | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: Can images created using AI websites be used for small business ideas such selling t-shirts or stickers?

I am looking to possibly start selling stickers and t-shirts online via Etsy. The images I am hoping to use would be created using AI websites. Is this something I am legally allowed to do?

James L. Arrasmith
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answered on Feb 21, 2024

Using images created using AI websites for your small business ideas, such as selling t-shirts or stickers online, raises questions about copyright and intellectual property rights. While AI-generated images may not have a human creator in the traditional sense, they can still be subject to... View More

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1 Answer | Asked in Internet Law, Copyright, Business Formation and Intellectual Property for Maryland on
Q: Can I use free Canva elements/graphics on logos, pdfs, blog posts, social media accounts, and other course materials?

The Canva terms of service are a bit confusing. My understanding is that if I have the free Canva plan and use only free Canva elements, I can essentially use the pictures/designs for anything I want besides selling them directly (in the context of trying to compete with Canva). I am starting an... View More

James L. Arrasmith
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answered on Dec 26, 2023

Your understanding of Canva's terms of service is largely on track, but there are nuances to consider. With a free Canva plan, you can use the free elements in your projects, including logos, PDFs, blog posts, social media, and course materials. This is generally acceptable as long as... View More

1 Answer | Asked in Business Formation, Business Law, Contracts, Trademark and Intellectual Property for Maryland on
Q: If I wish to place my graphic designs on stationary, tee shirts, and mugs, and sell them via Amazon, do I need...

...to obtain a DBA from the state if I wish to sell the products in my name (no branding) as a sole proprietor.

Also, do I need to register with the state at all if I operate as a sole proprietor AND I will NOT have NOR hold any inventory? (It would be a "print on demand" side... View More

James L. Arrasmith
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answered on Nov 17, 2023

If you plan to conduct business under your own name as a sole proprietor, obtaining a DBA ("Doing Business As") is not typically required. However, if you decide to sell your products under a name other than your legal name, then a DBA would be necessary. The requirement to register your... View More

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: I have an LLC registered with my personal address. If I hire an RA and Virtual Business Address company...

...will my personal address be moved from the public record(unsearchable) and replaced by the address of the hired RA and Virtual Business Address? Or do I have to dissolve my LLC and create a new one with a new name?

Mark Oakley
Mark Oakley
answered on Nov 14, 2023

When you file a change of resident agent form, the prior forms on file are not deleted or removed. Therefore, although the search information on the SDAT Business Entity Site will be updated to reflect the new resident agent name and address, and will be what someone will see when they search for... View More

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: What are the minimum legal responsibilities for volunteer vs. compensated directors in Maryland nonprofits?

I'm in the process of establishing a 501(c)(3) nonprofit organization in Maryland, focused on cybersecurity operational technology security operations. I need to understand the differences and similarities in the responsibilities and obligations of volunteer directors versus compensated... View More

James L. Arrasmith
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answered on Oct 27, 2025

In Maryland, both volunteer and compensated directors of a nonprofit corporation are held to the same legal standards of conduct under the Maryland Corporations and Associations Article, particularly Sections 2-401 through 2-419. The key duties are the **duty of care**, **duty of loyalty**, and... View More

1 Answer | Asked in Business Formation, Health Care Law, Tax Law and Business Law for Maryland on
Q: Can I use a registered agent's address for Medicare Enrollment as a house call PT in Maryland?

As a Maryland-based physical therapist operating only via house calls through an LLC with a registered agent, can I use the address of my Northwest Registered Agent on the Medicare Provider Enrollment Application to avoid listing my home address and mitigate personal liability and privacy risks? If... View More

James L. Arrasmith
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answered on Oct 26, 2025

Using a registered agent’s address, such as Northwest Registered Agent, for Medicare provider enrollment is not allowed under federal or Maryland regulations. Medicare requires that the address you list for enrollment be a physical location where you conduct business or can be reached for... View More

1 Answer | Asked in Real Estate Law, Tax Law, Business Formation and Business Law for Maryland on
Q: How to avoid transfer tax when moving property between LLCs with same partners?

I am looking to transfer a rental property from a family partnership LLC to a new LLC with the same partners, primarily to isolate any liability to the relevant property and not have it affect all properties within the partnership. The property does not have any loans or mortgage. How can I avoid... View More

James L. Arrasmith
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answered on Oct 24, 2025

In Maryland, transfer taxes can often apply when property changes ownership, even if it is being moved between business entities. However, when the ownership and control remain the same, you can usually qualify for an exemption. If both the original LLC and the new LLC have the exact same members... View More

1 Answer | Asked in Business Formation, Business Law, Health Care Law and Tax Law for Maryland on
Q: How can a Maryland PT ensure business and personal liability protection when starting a practice?

I am a physical therapist in Maryland and want to start a practice where I travel to clients' locations and accept both commercial and government insurances like Medicaid and Medicare. I am new to business, legal liabilities, and taxes. What steps should I take to ensure I have absolute... View More

James L. Arrasmith
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answered on Sep 30, 2025

When starting your own physical therapy practice in Maryland, the first step toward liability protection is choosing the right business structure. Setting up an LLC or professional corporation separates your personal assets from the business, which means your home, car, and savings are generally... View More

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: How to get a permit to sell alcohol at a charitable event in Maryland?

I own a brewery in Virginia and plan to sell beer at the USA Deaf Pickleball Nationals tournament from October 9-11 in Pikeville, MD, at Bounce Pickleball. I need a special permit to sell alcohol for this 3-day event, as 10% of the sales proceeds are going to the Deaf USA Pickleball Organization.... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 12, 2025

Since Pikesville is in Baltimore County, your first contact would likely be the Baltimore County Liquor Board; https://www.baltimorecountymd.gov/departments/liquor-board

While not legal advice, I hope this helps.

1 Answer | Asked in Business Law, Internet Law, Business Formation and Health Care Law for Maryland on
Q: Seeking legal advice on web scraping, compliance, and risk mitigation for a new tech-identification application.

I am developing an application to identify technologies used by domains on the internet and planning to sell aggregated data as leads. I will scrape HTML while adhering to common domain blacklists and remove any embedded imagery. My main concern is inadvertently accessing websites with illegal... View More

James L. Arrasmith
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answered on Jul 26, 2025

Web scraping falls into a legal gray area, so it’s important to be cautious and informed. U.S. courts have ruled differently depending on the context, but scraping public-facing websites without breaching terms of service or security measures is generally less risky. You’ll still want to avoid... View More

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: Does a witness for a corp amendment in MD need to be an employee?

I am involved with a C corporation in Maryland that is undergoing an amendment to its articles of incorporation. The corporation has no other employees or members. Does the witness for this amendment legally need to be an employee or corporate member, or can it be someone outside the corporation?

James L. Arrasmith
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answered on May 15, 2025

In Maryland, the witness for a corporate amendment to the articles of incorporation does not need to be an employee or corporate member. The witness requirement typically serves to confirm the authenticity of the document, rather than ensuring a specific relationship to the company. Therefore, it... View More

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: Question on Liability after Switching to LLC from Sole Proprietor

Let's say that I previously was a sole proprietor and served client ABC during that time as a sole proprietor. Let's also say that at some point after serving client ABC, I formed an LLC for the same business. At some point after the formation of the LLC, client ABC sues me/my business.... View More

Mark Oakley
Mark Oakley
answered on Feb 11, 2024

If the basis for the lawsuit is for something that happened before you formed the LLC, then the LLC shield does not protect you from personal liability.

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