SENATE BILL NO. 218
A bill to amend 1969 PA 242, entitled
"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,"
by amending section 1 (MCL 429.31), as amended by 1984 PA 203.
the people of the state of michigan enact:
(a) "Trademark" means any word, name, symbol, or device, or any combination thereof, other than a trade name in its entirety, adopted and of words, names, symbols, or devices, used by a person to identify goods made or sold by him or her that person and to distinguish them from similar goods made or sold by others.
(b) "Person" means any individual, firm, partnership, corporation, limited liability company, association, union, or other organization.
(c) "Applicant" means the a person filing an application for registration of a trademark or service mark under this act , his or her and the legal representatives, successors, or assigns of that person.
(d) "Registrant" means the a person to whom the that is issued a registration of a trademark or service mark under this act is issued, his or her and the legal representatives, successors, or assigns of that person.
(e) "Service mark" means any word, name, symbol, or device, or any combination thereof, other than a trade name in its entirety, adopted and of words, names, symbols, or devices, used by a person in the sale or advertising of services to identify his or her the services of a person and distinguish them from the similar services of others.
(f) "Mark" includes any trademark or service mark.
(g) "Trade name" means a word or group of words used by any person to identify a sole proprietorship, firm, partnership, corporation, limited liability company, association, union, or other organization.
(h) A mark is "used" in this state on goods when it is placed in any manner on the goods or their containers or on the tags or labels affixed thereto to the goods or their containers and such the goods are sold or otherwise distributed in this state, and on services when it is used or displayed in this state in the sale or advertising of services and the services are rendered in this state.
(i) A mark is "abandoned" when its use has been discontinued with intent not to resume. Intent not to resume may be inferred from circumstances. Nonuse for 2 consecutive years shall be is prima facie abandonment.
(j) "Administrator" means the director of commerce the department of licensing and regulatory affairs or his or her the designated representative of the director.