Why should I register a mark in Michigan?
Federal trademark registration is only available for marks that are, or will be used in interstate commerce. For a business planning to operate only in this state, registration in Michigan provides notice to others and will provide some protection against infringement. The statewide registration will help ensure that the time and money put into advertising and establishing a firm's reputation benefits the firm, not the competition. Registration is helpful for any firm in a highly competitive industry where recognition is vital. Registration, however, does not preclude an opposing party from asserting any legal or equitable defense or defect which might have been asserted if mark was not registered.
Nothing contained in the Michigan Trademark and Service Marks Act shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
Who may register a mark in Michigan?
Only persons who have already been using a mark may register the mark. An application to register a mark may be filed by the owner of a mark currently in use in Michigan, who may be an individual, firm, partnership, corporation, limited liabilty company or other organization. The owner of the mark controls the nature and quality of the goods or services identified by the mark. The registration of a mark can be transferred to a successor at any time by filing an Assignment of Trademark/Service Mark form and paying the required fee.
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