429.31 Definitions. Sec. 1. As used in this act: (a) “Trademark” means any word, name, symbol, or device, or any combination thereof, other than a trade name in its entirety, adopted and used by a person to identify goods made or sold by him or her and to distinguish them from similar goods made or […]
429.32 Registration of certain marks prohibited. Sec. 2. A mark by which the goods or services of an applicant for registration may be distinguished from the goods or services of others shall not be registered if the mark: (a) Consists of or comprises immoral, deceptive, or scandalous matter. (b) Consists of or comprises matter which […]
429.33 Application for registration of mark; form; contents; signature, verification, and oath; specimens; fee; service of process. Sec. 3. (1) Subject to the limitations set forth in this act, a person who adopts and uses a mark in this state may file with the administrator, on a form to be furnished by the administrator, an […]
429.34 Certificate of registration; issuance; contents; refusal to register mark; notice; certificate as evidence. Sec. 4. (1) Upon compliance by the applicant with the requirements of this act, the administrator shall issue a certificate of registration to the registrant. The certificate of registration shall be issued under the signature of the administrator and shall set […]
429.35 Registration; term; application for renewal; form; fee; notice to registrant; expiration and renewal of existing registration; statement. Sec. 5. (1) Registration of a mark shall be effective for a term of 10 years from the date of registration, and may be renewed for successive terms of 10 years upon application filed within 6 months […]
429.36 Mark and registration assignable; recordation of assignment; fee; issuance of certificate to assignee; subsequent purchaser. Sec. 6. Any mark and its registration shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized […]
429.37 Record; public examination. Sec. 7. The administrator shall keep for public examination a record of all marks registered or renewed under this act. History: 1969, Act 242, Eff. Jan. 1, 1970 ;– Am. 1984, Act 203, Eff. Oct. 1, 1984
429.38 Cancellation from register. Sec. 8. The administrator shall cancel from the register: (a) All registrations under this and prior acts which are more than 10 years old and not renewed in accordance with this act. (b) Any registration concerning which the administrator receives a voluntary request for cancellation thereof from the registrant or the […]
429.39 Repealed. 1984, Act 203, Eff. Oct. 1, 1984. Compiler’s Notes: The repealed section pertained to petition for cancellation.
429.40 Classes of goods and services; amendment; limitation. Sec. 10. (1) The following general classes of goods and services are established for the purpose of administering this act. The administrator may amend, by rule or regulation, the classification established in this section, but not in any way to limit or extend the applicant’s or registrant’s […]
429.41 Fraudulent procurement of filing or registration; liability. Sec. 11. Any person who on their behalf, or on behalf of any other person, procures the filing or registration of any mark in the office of the administrator, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other […]
429.42 Improper use, reproduction or imitation; damages. Sec. 12. Subject to the provisions of section 14, any person who shall: (a) Use, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered under this act in connection with the sale, offering for sale, or advertising of any goods […]
429.43 Injunctions; damages; prosecution; exceptions. Sec. 13. (1) Any owner of a mark registered under this act may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction of record may grant injunctions to restrain such manufacture, use, display or sale as […]
429.44 Common law rights. Sec. 14. Nothing contained in this act shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. History: 1969, Act 242, Eff. Jan. 1, 1970
429.45 Repeal. Sec. 15. 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, Act 242, Eff. Jan. 1, 1970
429.46 Effective date. Sec. 16. This act shall take effect January 1, 1970. History: 1969, Act 242, Eff. Jan. 1, 1970
