A Business Owner’s Guide to Intellectual Property Protection in Michigan
As a business owner, your intellectual property (IP) is a valuable asset that sets you apart from competitors and plays a crucial role in achieving your business goals. In this article, the business law attorneys at Thompson Legal will explore the different aspects of intellectual property affecting Michigan businesses. Learn how to navigate the legal landscape, protect your IP, and how working with an experienced business attorney at Thompson Legal can help ensure the protection of your valuable assets.
Overview of Intellectual Property
IP encompasses various intangible creations with commercial value, including patents, trademarks, copyrights, and trade secrets. The State of Michigan also recognizes unique categories of IP such as service marks and trade names. Failing to protect your IP rights can lead to lost revenue, legal disputes, and damage to your reputation. Therefore, understanding the different types of intellectual property and their protections is crucial for Michigan business owners.
Types of Intellectual Property:
There are a few different types of intellectual property categories available to business owners. These include:
Patent: an invention or process that is legally protected.
Trademark: a symbol, word, or grouping of words established to represent a company or product.
Copyrights: the exclusive legal right to print, publish, perform, or form artistic material.
Trade Secrets: a unique secret device or technique used by a company in manufacturing its products.
Michigan also recognizes some unique types of intellectual property including:
Service Mark: any word, name, symbol, device, (or combination thereof) other than a trade name adopted and used by a person to identify and distinguish their services.
Trade Name: any word or group of words used by any person to identify as a legal entity or other organization.
Insignia: a name, badge, button, decoration, charm, emblem, or rosette of any association, fraternity, lodge, order, union, federation, or organization.
Registering Your Intellectual Property
To safeguard your IP rights, proper registration with state or federal agencies is essential. Whether it's patents, trademarks, copyrights, or trade secrets, each requires a specific registration process. This step is crucial for enforcing your rights against infringers and violators.
Why Register Your Intellectual Property?
Registering your intellectual property provides public notice of your ownership, creating a legal presumption and exclusive rights to use the mark in connection with your products or services. This protection is essential for building and maintaining your brand, goodwill, and reputation. Failing to register your IP could result in another party using that content for themselves. It also is important to note that IP ownership is not indefinite, and renewal can be required every ten or so years.
Michigan vs. Federal Registration
Business owners have the option to register their marks with the state, the USPTO, or both. While Michigan registration provides statewide protection, federal registration extends this protection beyond state borders. Businesses planning to operate solely within the state of Michigan may find Michigan registration is sufficient. However, the prevalence of e-commerce means that federal registration is often preferred for more extensive nationwide protection.
The Registration Process
The registration process will change depending on the type of mark and where you are registering. The USPTO application process is much more in depth and requires working with a title examiner for office actions as well as a publication period. This process usually takes 12-18 months. In Michigan, an application is filed and processed by Michigan’s Corporate offices. The application itself is less strict and applications are typically processed within 6 months. In all cases, IP owners should conduct thoroughly investigations into any competing marks prior to submitting an application.
Enforcing Your Intellectual Property
Once your IP application is approved, the work doesn’t stop there. IP owners are typically required to monitor the marketplace for potential infringements and take appropriate enforcement actions to notify and remove offenders. The first step is usually to serve any competitor using your IP with a cease-and-desist notice. If initial attempts to resolve the dispute are ineffective, business should consider filing a lawsuit to enforce their rights.
Working with a Michigan Business Lawyer
The intellectual property application process can be challenging, and detailed research should be conducted on competing marks prior to the application. Working with a Michigan business lawyer experienced in IP matters is crucial. At Thompson Legal, our team of attorneys has a proven track record in helping Michigan businesses from registration to enforcement. Thompson Legal is here to support Michigan businesses in their journey to success. Contact Thompson Legal to secure the future of your intellectual property.
This blog is for informational purposes only. It is not intended as legal advice. In the event you would like to speak with a business attorney about your case Contact Us at (734) 743-1646 to schedule a consultation.
