How do I avoid infringing on another entities name or mark?

To avoid infringing on another entities name or mark, a diligent search of entities names and marks should be conducted. The search may include state registered marks, federally registered marks, domain names, names of sole proprietorships and partnerships, and names of corporations, limited partnerships and limited liability companies.

A list of Michigan registered marks is available on this website. In addition, a request for the search of Michigan registered marks may be submitted by mail to the Corporation Division.

A search for federal trademark registration may be conducted online at the U.S. Patent and Trademark Office (USPTO) at http://www.uspto.gov/. A search can also be conducted at the following three Michigan libraries designated as a Patent and Trademark Depository Library:

You may also contact the United States Patent and Trademark Office at (800) 786-9199 or write US Patent and Trademark Office, Commissioner for Trademarks, PO Box 1451, Alexandria, VA 22313-1451.

Assumed names of sole proprietorships and co-partnership names are filed with the county clerk in each county in which business is conducted. Contact the county clerk's office in any county in which business will be carried on to determine if a name similar to the proposed mark is currently on file for a sole proprietorship or partnership.

Michigan corporation, limited partnership, limited liability company names and the names of foreign corporations, limited partnerships and limited liability companies with authority to transact business in the state may be searched through our Business Entity Search site. In addition, the Business Services Section of the Corporation Division may be contacted by phone, fax or mail to check names of these types of entities.

Checking all of these sources does not guarantee that you are not infringing on another mark or name, but it does offer an opportunity to decrease the chances significantly. It is important that you should be aware that regardless of whether there are any grounds for objections under the statues we administer, if you adopt a mark which misleads the public into believing that your business is that of another business, you may be liable for legal action by the person whose business you have affected. If you desire further assurance that your mark does not infringe on the rights of other business entities, there are professsional search firms who will attempt to do a comprehensive search for a fee.