Maryland trade name filing guide

Maryland calls this filing a trade name registration, and it is handled entirely at the state level — there is no county-by-county filing.

The governing law is Section 1-406 of the Corporations and Associations Article of the Maryland Code, and the filing office is the Charter Division of the State Department of Assessments and Taxation, usually shortened to SDAT.

The statute applies one uniform rule to every kind of filer: any person — which under Maryland usage covers individuals, sole proprietors, general partnerships, LLCs, and corporations alike — who does business or trades under any designation, title, or name other than the person's own name must file a certificate with the Department before commencing operation of the business.

SDAT's checklist for new businesses describes a trade name as the name by which a business is known to the public to distinguish it from another business or person.

Sole proprietorships and general partnerships otherwise require no legal entry formalities in Maryland beyond licensing and tax compliance, but the trade name statute still applies when they operate under a name that is not their own.

SDAT cautions on its application instructions that acceptance of a trade name does not confer any greater right to use the name, and that the Department checks the name only against other trade names already on file with the Department.

Maryland offers both an online and a paper path, and both are run by SDAT itself.

The online route is Maryland Business Express at egov.maryland.gov/businessexpress, which the Trade Name Application instructions identify as the Department's online business registration portal for registering a trade name.

The paper route is the Trade Name Application (Registration) form, whose instructions state a filing fee of $25.00, with checks made payable to the Department of Assessments and Taxation.

The completed form and check are mailed to the Charter Division, Department of Assessments and Taxation, 700 East Pratt Street, Suite 2700, Baltimore, Maryland 21202, and hard-copy filings may instead be hand delivered to drop boxes SDAT maintains in the building lobby at 123 Market Place, Baltimore, MD 21202.

The form's instructions list an expedited fee of an additional $50.00, for a total of $75.00 for expedited service, and a $425.00 expedite fee for same-day service, with same-day filings submitted online or hand delivered to the drop box by 10:00 am Monday through Friday; fees must be paid by check or money order and no cash is accepted.

Only one trade name may appear on an application, electronic signatures are acceptable, and applicants registering a name for a home improvement company are directed to contact the Home Improvement Commission first to confirm the name is available.

A Maryland trade name certificate is effective for a period of 5 years from the date it is filed, under Section 1-406(f).

Within 6 months before the end of the 5-year period, the registrant may renew by filing a renewal application in the manner the Department requires by regulation, and a renewal extends the certificate for 5 years from the end of the previous period.

SDAT's application instructions add that if the filing is not renewed, the Department will forfeit the trade name and a new application must be filed.

Changes to an existing registration are handled on SDAT's Trade Name Amendment Application: the instructions state that any changes from the original filing, other than the name of the trade name, must be made on the amendment application with a filing fee of $25.00, and that no changes can be made on a renewal form other than the business location.

The trade name itself cannot be changed by amendment — the instructions direct the filer to cancel the original name, pay the filing fee of $25.00 or more, and register the new business name at $25.00.

The statute sets the same price for all of these actions: $25 for each amendment, cancellation, or renewal of a certificate.

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Check whether the name you want is already taken using the business data search on SDAT's website at dat.maryland.gov, then file directly with the Department — either online through Maryland Business Express at egov.maryland.gov/businessexpress, or by downloading the Trade Name Application (Registration) and its instructions and mailing the completed form with a $25.00 check to the Charter Division at 700 East Pratt Street, Suite 2700, Baltimore, Maryland 21202.

Hard-copy filings can also be hand delivered to the drop boxes at 123 Market Place in Baltimore.

If you are registering a name for a home improvement company, contact the Maryland Home Improvement Commission first, as the application instructions direct.

Remember that a trade name registration is a public notice filing and does not by itself give you exclusive rights to the name; brand protection is a separate trademark question.

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