1632 LAWS OF MARYLAND [CH. 751
tary of State," subheading "Trade-Marks," and to add new Sec-
tions 90(f), (g) and (h), 94(f), 98(c), and 100A to said Article
and subtitle of the Code to follow immediately after Sections
90(e), 94(e), 98(b), and 100, respectively, to define the terms
"service mark," "mark," "trade name," to include services within
the scope of the subheading, to substitute the term "mark" for
"trade-mark," to specify the services included, to provide for
injunctive relief in certain instances and to generally amend the
laws relating to trade-marks.
Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 90(e), 91, 92(a), (c), 93(a), (b), 94(a), (b), (c),
(e), 95, 96, 97(4), 98(a), (b), 99, 100, 101(a), and 102 of Article 41
of the Annotated Code of Maryland (1965 Replacement Volume),
title "Executive and Administrative Departments," subtitle "Secre-
tary of State," subheading "Trade-Marks," be and they are hereby
repealed and re-enacted, with amendments; and that new Sections
90(f), (g) and (h), 94(f), 98(c) and 100A be and they are hereby
added to said Article and subtitle of the Code, to follow immediately
after Sections 90(e), 94(e), 98(b) and 100, respectively, and all to
read as follows:
90.
(e) (H) For the purposes of this subheading, a trade-mark shall be
deemed to be "used" in this State (a) on goods when it is placed
in any manner on the goods or their containers or the displays
associated therewith or on the tags or labels affixed thereto and
such goods are sold or otherwise distributed in this State, (b) or
services when it is used or displayed in the sale or advertising of
services and the services are rendered in this State.
(f) (B) The term "service mark" as used herein means a mark
used in the sale of OR advertising of services to identify the services
of one person and distinguish them from the services of others.
(g) (C) The term "mark" as used herein includes any trademark
or service mark entitled to registration under this subheading
whether registered or not.
(h) (D) The term "trade name" means a word, name, symbol, de-
vice or any combination thereof used by a person to identify his
business, vocation or occupation and distinguish it from the busi-
ness, vocation or occupation of others.
91.
A [trade-mark] mark by which the goods or services of any
applicant for registration may be distinguished from the goods or
services of others shall not be registered if it:
(1) Consists of or comprises immoral, deceptive or scandalous
matter; or
(2) Consists of or comprises matter which may disparage or
falsely suggest a connection with persons, living or dead, institu-
tions, beliefs, or national symbols, or bring them into contempt, or
disrepute; or
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