Trade: other; trademarks and service marks act; modify and include limited liability companies. Amends sec. 1 of 1969 PA 242 (MCL 429.31).
Impact
The implications of SB 218 extend to several aspects of state law regarding trademark registration. By modifying the language to accommodate LLCs, proponents argue that it will simplify processes for modern businesses, thus promoting a more conducive environment for startups and small enterprises. The bill prescribes a more streamlined approach to filing for trademark protection, potentially fostering innovation and reducing legal barriers for businesses. This amendment is seen as a step towards enhancing economic growth by providing clearer guidelines for entrepreneurs.
Summary
Senate Bill 218 aims to amend the existing legislation surrounding the registration of trademarks and service marks in Michigan. This bill seeks to update the definitions within the law to include limited liability companies (LLCs), aligning the legal framework with current business structures. By explicitly recognizing LLCs in the definition of 'person,' the bill ensures that these entities can register trademarks and service marks just like other types of businesses. This integration is crucial as it reflects the increasing prevalence of LLCs in the state and their role in commerce.
Contention
Notable points of contention surrounding SB 218 involve concerns about the potential for increased trademark disputes, especially as the registration process expands to include a greater number of business entities. Critics may argue that the increased accessibility could lead to a higher frequency of trademark conflicts, thereby overwhelming the existing regulatory framework. Additionally, there are discussions about the adequacy of the administrative system to handle an influx of applications and its capacity to enforce trademark protections effectively, which could provoke debates during committee discussions and legislative sessions.
Trade: other; classes of goods and services for trademarks and service marks; modify. Amends title & secs. 1 & 10 of 1969 PA 242 (MCL 429.31 & 429.40).
In trademarks, further providing for definitions, providing for Native American trademarks, establishing the Native American Trademarks Fund and providing for administrative powers and duties relating to Native American trademarks and for cancellation of marks.
Businesses: limited liability companies; annual statement fees under the Michigan limited liability company act; modify. Amends sec. 1101 of 1993 PA 23 (MCL 450.5101).
In trademarks, further providing for definitions, providing for Native American trademarks, establishing the Native American Trademarks Fund and providing for administrative powers and duties relating to Native American trademarks and for cancellation of marks.
In Pennsylvania Preferred® Trademark, further providing for definitions, for Pennsylvania Preferred® trademark, for licensee qualification, for duties and authority of department, for trademark license agreement, application and licensure process, for costs, for Pennsylvania Preferred® Trademark Licensing Fund, for injunctive relief, for rules and regulations and for purpose, repealing provisions relating to definitions and further providing for qualified veterans and qualified veteran business entities.