How to Register a Trademark in Michigan

Introduction

Trademarking a business name, slogan or logo is an important step in protecting your brand. It also ensures that you can use it without infringing on the rights of others. There are several steps to register your trademark in Michigan, including conducting a search of all existing trademarks and paying fees at different stages of the process. If you’re thinking about registering your small business’s trademark in this state, keep reading for a quick overview of what’s involved.

1. Search Trademark Database

To register your trademark in Michigan, you will need to perform a search of the trademark database. This will help you determine whether your mark is available for use. If your proposed mark is not unique or doesn’t have sufficient exclusivity to be protected, then it cannot be registered.

The federal trademark database allows you to search by class or subclass and also provides information about any prior uses of similar marks that may affect whether your application can proceed. While searching is not required, it is highly recommended that anyone who believes they want to register their mark check available classes before starting the application process.

2. Complete Your Application

You can access the electronic filing system through the USPTO website to complete your application. Check for mistakes and make changes as necessary before submitting, or save a copy of your work and upload it later if you need more time to review and make corrections. Upload all required documents. Each document will have its own unique “file name” that you must enter in order for it to be properly saved by the system. Do not use dashes (hyphens) or spaces anywhere in these file names! Pay the filing fee with a credit card, debit card, or eCheck through PayPal (which accepts Visa, MasterCard, and American Express).

3. Pay the Filing Fee

Once you’ve completed the form, you can pay the filing fee. The filing fee is $100.00 USD. Payment may be made by check or credit card and can be made online or by mail. Payments are not refundable once they are submitted and processed.

If you accidentally submit your application without registering it, it will still be processed as long as you have paid the filing fee within 30 days of submission.

4. Receive Acknowledgement of Application

You will receive an acknowledgment of your application. The Acknowledgement is a letter from the USPTO and includes an assigned serial number. The Acknowledgement is proof that you have completed your application, but it does not mean that your trademark has been registered yet.

5. Receive a Notice of Allowance

After filing your application and paying the fee, you’ll receive a notice of allowance from the USPTO. The notice of allowance states that the USPTO has determined that your mark is likely to be registered. The USPTO sends this letter to the address of record in your application.

6. Receive a Certificate of Registration

Once your application has been accepted, you’ll receive a Certificate of Registration. The certificate is a legal document that shows you have registered your trademark in Michigan—and it can also be used to show that you have the exclusive right to use your trademark in Michigan.

If you want to use the ® symbol on a product or service, file for a certificate as soon as possible. You can then start using the ® symbol on products and services covered by your registered mark immediately

Takeaway

Michigan’s trademark registration process is very similar to the federal process, so if you’re thinking about registering your small business’s trademark, Michigan is a good place to start.

You’ll use the same forms as you would if filing with the U.S. Patent and Trademark Office (USPTO). You’ll pay some fees and file some documents that are similar but not identical to the ones for federal registration. And at the end of it all, you’ll get some of the same benefits: protection from others using your mark on goods or services related to yours; exclusive use within one state; notice by others that they can’t use your mark without permission; an official record of ownership; certain remedies against infringers including injunctions and damages; potential foreign rights protection under international treaties like Madrid Protocol agreements.

Conclusion

In summary, if you’re thinking to register your business’s trademark in Michigan, there are many things to consider. If you have further questions or need any help, feel free to contact us at any time.

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