SENATE BILL NO. 674
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 the title and sections 1 and 10 (MCL 429.31 and 429.40), as amended by 1984 PA 203.
the people of the state of michigan enact:
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 require the promulgation of rules; to prescribe remedies; and to repeal certain acts and parts of acts.
(a) "Trademark" means any word, name, symbol, or device, or any combination thereof, of words, names, symbols, or devices, other than a trade name in its entirety, adopted and 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, 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, of words, names, symbols, or devices, other than a trade name in its entirety, adopted and 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, 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.
Sec. 10. (1) The following general classes of goods and services are established for For the purpose of administering this act, . The 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 rights.shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to establish classes of goods or services that conform with the classifications established under 15 USC 1112.
(2) An application for registration of a mark shall must be limited to a single general class of goods or services. Nothing in this act shall be construed as limiting the registration of a mark to 1 general class.
(2) The classes are as follows:
(a) Goods:
(1) Raw or partly prepared materials.
(2) Receptacles.
(3) Baggage, animal equipments, portfolios and pocketbooks.
(4) Abrasives and polishing materials.
(5) Adhesives.
(6) Chemicals and chemical compositions.
(7) Cordage.
(8) Smokers' articles, not including tobacco products.
(9) Explosives, firearms, equipment and projectiles.
(10) Fertilizers.
(11) Inks and inking materials.
(12) Construction materials.
(13) Hardware and plumbing and steam-fitting supplies.
(14) Metals and metal castings and forgings.
(15) Oils and greases.
(16) Paints and painters' materials.
(17) Tobacco products.
(18) Medicines and pharmaceutical preparations.
(19) Vehicles.
(20) Linoleum and oiled cloth.
(21) Electrical apparatus, machines and supplies.
(22) Games, toys and sporting goods.
(23) Cutlery, machinery and tools, and parts thereof.
(24) Laundry appliances and machines.
(25) Locks and safes.
(26) Measuring and scientific appliances.
(27) Horological instruments.
(28) Jewelry and precious-metal ware.
(29) Brooms, brushes and dusters.
(30) Crockery, earthenware and porcelain.
(31) Filters and refrigerators.
(32) Furniture and upholstery.
(33) Glassware.
(34) Heating, lighting and ventilation apparatus.
(35) Belting, hose, machinery packing, and nonmetallic tires.
(36) Musical instruments and supplies.
(37) Paper and stationery.
(38) Prints and publications.
(39) Clothing.
(40) Fancy goods, furnishings and notions.
(41) Canes, parasols and umbrellas.
(42) Knitted, netted and textile fabrics, and substitutes therefor.
(43) Thread and yarn.
(44) Dental, medical and surgical appliances.
(45) Soft drinks and carbonated waters.
(46) Foods and ingredients of foods.
(47) Wines.
(48) Malt beverages and liquors.
(49) Distilled alcoholic liquors.
(50) Merchandise not otherwise classified.
(51) Cosmetics and toilet preparations.
(52) Detergents and soaps.
(b) Services:
(100) Miscellaneous.
(101) Advertising and business.
(102) Insurance and financial.
(103) Construction and repair.
(104) Communication.
(105) Transportation and storage.
(106) Material treatment.
(107) Education and entertainment.