Michigan Compiled Laws Act 242 Of 1969 Trademarks And Service Marks (429.31 - 429.46)

AN ACT to provide for the registration of trademarks and service marks; to prescribe the powers and duties of certain state officers and agencies; to prescribe remedies; and to repeal certain acts and parts of acts.

History: 1969, Act 242, Eff. Jan. 1, 1970 ;-- Am. 1984, Act 203, Eff. Oct. 1, 1984

Section 429.31 Definitions.
As used in this act: (a) “Trademark” means any word, name, symbol, or device, or any combination thereof, other than a trade name in...
Section 429.32 Registration Of Certain Marks Prohibited.
A mark by which the goods or services of an applicant for registration may be distinguished from the goods or services of others shall...
Section 429.33 Application For Registration Of Mark; Form; Contents; Signature, Verification, And Oath; Specimens; Fee; Service Of Process.
(1) Subject to the limitations set forth in this act, a person who adopts and uses a mark in this state may file with...
Section 429.34 Certificate Of Registration; Issuance; Contents; Refusal To Register Mark; Notice; Certificate As Evidence.
(1) Upon compliance by the applicant with the requirements of this act, the administrator shall issue a certificate of registration to the registrant. The...
Section 429.35 Registration; Term; Application For Renewal; Form; Fee; Notice To Registrant; Expiration And Renewal Of Existing Registration; Statement.
(1) Registration of a mark shall be effective for a term of 10 years from the date of registration, and may be renewed for...
Section 429.36 Mark And Registration Assignable; Recordation Of Assignment; Fee; Issuance Of Certificate To Assignee; Subsequent Purchaser.
Any mark and its registration shall be assignable with the goodwill of the business in which the mark is used, or with that part...
Section 429.37 Record; Public Examination.
The administrator shall keep for public examination a record of all marks registered or renewed under this act. History: 1969, Act 242, Eff. Jan....
Section 429.38 Cancellation From Register.
The administrator shall cancel from the register: (a) All registrations under this and prior acts which are more than 10 years old and not...
Section 429.39 Repealed. 1984, Act 203, Eff. Oct. 1, 1984.
Compiler's Notes: The repealed section pertained to petition for cancellation.
Section 429.40 Classes Of Goods And Services; Amendment; Limitation.
(1) The following general classes of goods and services are established for the purpose of administering this act. The administrator may amend, by rule...
Section 429.41 Fraudulent Procurement Of Filing Or Registration; Liability.
Any person who on their behalf, or on behalf of any other person, procures the filing or registration of any mark in the office...
Section 429.42 Improper Use, Reproduction Or Imitation; Damages.
Subject to the provisions of section 14, any person who shall: (a) Use, without the consent of the registrant, any reproduction, counterfeit, copy or...
Section 429.43 Injunctions; Damages; Prosecution; Exceptions.
(1) Any owner of a mark registered under this act may proceed by suit to enjoin the manufacture, use, display or sale of any...
Section 429.44 Common Law Rights.
Nothing contained in this act shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time...
Section 429.45 Repeal.
Act No. 258 of the Public Acts of 1955, being sections 429.11 to 429.24 of the Compiled Laws of 1948, is repealed. History: 1969,...
Section 429.46 Effective Date.
This act shall take effect January 1, 1970. History: 1969, Act 242, Eff. Jan. 1, 1970

Last modified: October 10, 2016