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Introduction
Registering a trademark is essential for both small businesses and big brands to protect their intellectual property. In Michigan, the process for trademark registration follows certain guidelines laid out by the Michigan Department of Licensing and Regulatory Affairs (LARA). This comprehensive guide will walk you through the step-by-step process of registering a trademark in Michigan in 2023.
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Step 1: Conduct a Trademark Search
Before beginning the registration process, it is crucial to conduct a thorough trademark search to ensure the availability of your desired trademark. LARA provides an online search tool called the Michigan Trademark Database, which allows you to search for registered and pending trademarks within Michigan.
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Step 2: Determine Your Filing Basis
In Michigan, there are two filing bases available for trademark registration:
1. **Use in Commerce**: This filing basis applies if you are already using the trademark in commerce—in other words, engaging in commercial activity involving the mark.
2. **Intent to Use**: This filing basis allows you to secure trademark rights even before you start utilizing the mark in commerce. However, you must provide a bona fide intention to use the mark in the future.
Step 3: File the Application
To begin the application process, visit the LARA website (www.michigan.gov/lara) and locate the "Trademark / Service Mark" page. Here, you will find the necessary forms, filing fees, and instructions for completing the application.
#Completing the Application form
The application form will ask for essential information such as:
- Applicant Information: Provide your name or the name of your business entity applying for the trademark. Include the address, email, and phone number.
- Mark Information: Describe the trademark you wish to register, specify whether it's a word, design, or combination mark.
- Goods/Services Classes: Classify the goods or services associated with the trademark by referring to the United States Patent and Trademark Office's *Trademarks Manual of Acceptable Goods and Services* or use their online database, TESS.
#Paying the Filing Fee
Michigan requires a filing fee for trademark registration. The current fee schedule can be found on the LARA website. Payment can be made through various methods accepted by LARA, such as online payment or check.
Step 4: Documentation and Review
After submitting your application and paying the filing fee, you will receive a receipt acknowledging your submission. It is crucial to keep this receipt as it will serve as proof of application until your trademark is registered.
LARA will review your application, including the trademark search results and compliance with the filing requirements. The review process may take several weeks.
Step 5: Publication
If LARA approves your application, they will publish your trademark in the *Michigan Department of Licensing and Regulatory Affairs (LARA) Notices* publication. This provides an opportunity for anyone who believes they may be harmed by registering your mark to file an opposition. During the publication period (which typically lasts 60 days), it's important to actively monitor any oppositions filed against your mark.
Step 6: Registration
Assuming no oppositions are filed during the publication period and your application is in compliance, LARA will issue a certificate of registration for your trademark. This certificate grants you federal and statewide protection for your mark.
Conclusion
Ensuring the protection of your brand and intellectual property is of utmost importance in today's competitive business landscape. By following the step-by-step process outlined in this comprehensive guide, you can successfully register your trademark in Michigan in 2023. Remember to consult with legal professionals for specific advice related to your circumstances and to stay updated on any changes in the trademark registration process.
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