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Revision Legal’s Michigan trademark lawyers are experts in trademark law. Our Michigan trademark attorneys have handled trademark registration, trademark licensing, and trademark litigation in state and federal courts around the United States. Our Michigan trademark lawyers are licensed to practice in the state courts of Michigan, the Eastern District of Michigan, and the Western District of Michigan.
Revision Legal’s trademark lawyers are experienced in all manners of trademark prosecution, defense, and litigation, including:
Our trademark attorneys regularly handle trademark clearances and trademark registrations, including complex and non-traditional trademark registrations. Our attorneys have represented some of Michigan’s most well known brands, ranging from multinational insurance companies, microbreweries, lifestyle brands, and startups.
Federal trademarks in the United States are governed by the Lanham Act, 15 U.S.C. §§ 1051 et seq. A trademark is any word, name, symbol, or device — or any combination thereof — used by a person to identify and distinguish their goods from those of others and to indicate the source of those goods. Service marks serve the same function for services rather than goods.
Michigan businesses that use trademarks in interstate commerce can and should register those marks with the United States Patent and Trademark Office (USPTO). Federal registration provides significant legal advantages: a legal presumption of ownership and the exclusive right to use the mark nationwide in connection with the registered goods or services, the ability to use the ® symbol, access to federal court remedies including statutory damages and attorneys’ fees, and the ability to record the mark with U.S. Customs to prevent the importation of infringing goods.
Michigan also has a state trademark registration system. State registrations are governed by the Michigan Trademark Act, M.C.L. § 429.31 et seq. A state registration provides legal protections within Michigan’s borders and can be valuable for businesses that operate primarily within the state. State and federal registrations are not mutually exclusive — many Michigan businesses maintain both.
Registering a trademark is not simply a matter of filing a form. The process begins with a clearance search to determine whether a proposed mark is available for use and registration. A thorough clearance search examines the USPTO’s database of registered and pending marks, common law uses of similar marks in commerce, and state trademark registrations. Identifying conflicts before filing saves significant time and money.
Once a clearance search confirms the availability of a mark, the applicant files an application with the USPTO identifying the mark, the goods or services it will identify, the filing basis (use in commerce or intent-to-use), and a specimen showing how the mark is used. The USPTO examines the application and may issue office actions requiring the applicant to overcome objections on substantive or procedural grounds. If the application clears examination, the USPTO publishes the mark for opposition, giving third parties 30 days to oppose registration. If no opposition is filed — or if an opposition is resolved in the applicant’s favor — the mark proceeds to registration.
For intent-to-use applications, registration requires a subsequent filing showing that the mark has been put into actual use in commerce. Managing these deadlines properly is critical to maintaining rights.
When trademark rights are violated, Michigan businesses have access to the federal district courts to enforce those rights. Michigan is divided into two federal judicial districts: the Eastern District of Michigan, seated in Detroit and Ann Arbor, and the Western District of Michigan, seated in Grand Rapids. Both districts regularly handle trademark infringement litigation.
In a trademark infringement case, the plaintiff must prove that it owns a valid, protectable mark and that the defendant’s use of a similar mark is likely to cause consumer confusion. Courts in the Sixth Circuit apply the multi-factor test from Frisch’s Restaurants, Inc. v. Elby’s Big Boy of Steubenville, Inc., 670 F.2d 642 (6th Cir. 1982), examining factors including the strength of the mark, relatedness of the goods or services, similarity of the marks, evidence of actual confusion, marketing channels used, and the sophistication of purchasers.
Remedies for trademark infringement under the Lanham Act include injunctive relief, disgorgement of the infringer’s profits, actual damages, corrective advertising costs, and in exceptional cases, treble damages and attorneys’ fees. See 15 U.S.C. § 1117. The Supreme Court held in Romag Fasteners, Inc. v. Fossil Group, Inc., 590 U.S. 115 (2020), that willfulness is not a prerequisite to a profits award, giving trademark owners greater leverage in infringement cases.
Not all trademark disputes require federal court litigation. The USPTO’s Trademark Trial and Appeal Board (TTAB) adjudicates opposition and cancellation proceedings. A trademark owner who discovers that a competitor has applied for a confusingly similar mark can file an opposition during the 30-day publication period. A trademark owner who discovers that an already-registered mark conflicts with their rights can file a petition to cancel.
TTAB proceedings are conducted as contested administrative proceedings before a panel of administrative trademark judges. They are generally less expensive than federal court litigation, but the procedural rules are complex and the stakes are significant — the outcome determines the validity of a federal trademark registration. Our Michigan trademark attorneys have substantial experience navigating TTAB proceedings and can represent both petitioners and respondents.
Whether you are a startup choosing a brand name for the first time, an established Michigan business facing an infringer, or a growing company looking to expand trademark rights internationally, working with an experienced Michigan trademark lawyer is essential. Trademark law rewards those who act early, register diligently, and enforce their rights consistently.
If you seek a Michigan trademark lawyer, contact the attorneys at Revision Legal at 855-473-8474 or use the form on this page.
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