How to Register a Trademark in Michigan
Everything you need to know about protecting your brand with a registered trademark.
Disclaimer: This guide is for informational purposes only. We are a document preparation service, not a law firm. We do not provide legal advice.Read full disclaimer
Why Register a Trademark?
A trademark protects your brand identity — your business name, logo, slogan, or other distinctive mark that identifies your goods or services. Without registration, you only have limited common law rights in your local area. Federal trademark registration through the USPTO gives you nationwide protection, legal presumption of ownership, and the exclusive right to use the ® symbol.
- Nationwide protection — not just Michigan
- Legal presumption of ownership and exclusive right to use the mark
- Right to use the ® symbol and bring federal lawsuits for infringement
- Listed in the USPTO database, deterring others from using similar marks
- Ability to register with U.S. Customs to block infringing imports
Step 1: Conduct a Trademark Search
Before investing time and money in an application, search for existing trademarks that could conflict with yours. A thorough search reduces the risk of your application being refused.
- Search the USPTO TESS database for registered and pending marks
- Search Michigan LARA for state-registered business names
- Check domain names, social media, and Google for unregistered (common law) use
- Consider a professional comprehensive search report for complex marks
Need help? ClearPath offers Trademark Search Reports starting at $249, providing a detailed conflict analysis before you file.See trademark filing service →
Step 2: Choose Your Filing Basis
Your filing basis tells the USPTO whether you're already using the mark or plan to use it in the future.
- Use in Commerce (Section 1(a)):You're already using the mark to sell goods or services. You'll need to submit a "specimen" showing the mark in use (product labels, website screenshots, etc.).
- Intent to Use (Section 1(b)):You plan to use the mark but haven't started yet. You'll need to file a Statement of Use later before the mark can be registered.
Step 3: Identify Your Classes
Trademarks are organized into 45 international classes — 34 for goods and 11 for services. You must select the class(es) that match your products or services. Each class requires a separate filing fee.
- • Class 25: Clothing, footwear, headwear
- • Class 35: Advertising, business management, retail services
- • Class 41: Education, entertainment, sporting activities
- • Class 43: Restaurants, food and drink services
- • Class 9: Software, apps, electronics
Step 4: Prepare & File Your Application
The USPTO offers two online filing options through the Trademark Electronic Application System (TEAS):
- • TEAS Plus: $250/class — must select from pre-approved descriptions
- • TEAS Standard: $350/class — allows custom descriptions
- • Our service fee: Starting at $599 (1 class), +$175 per additional class
Step 5: The Examination Process
After filing, a USPTO examining attorney reviews your application (typically 3-4 months after filing). They may issue an "office action" if there are issues — such as a likelihood of confusion with an existing mark or a problem with your description. You have 3 months to respond to each office action.
Step 6: Publication & Opposition
If the examining attorney approves your mark, it's published in the USPTO's Official Gazette for 30 days. During this period, anyone who believes they would be harmed by registration can file an opposition. If no one opposes (which is the case for most applications), you proceed to registration.
Step 7: Registration & Maintenance
Once registered, you must maintain your trademark by filing required documents:
- Between years 5-6: File a Declaration of Use (Section 8) to confirm you're still using the mark
- Between years 9-10: File a combined Declaration of Use and Renewal (Sections 8 & 9)
- Every 10 years thereafter: Continue filing renewals to keep your registration active