reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 427 - Hotels › Act 42 of 1905 - Liability of Innkeepers for Personal Property of Guests (427.101 - 427.102) › Section 427.101 - Liability of Innkeeper for Loss of or Injury to Personal Property of Guest; Limitations; Bed and Breakfast Included in “Hotel” or “inn.”

427.101 Liability of innkeeper for loss of or injury to personal property of guest; limitations; bed and breakfast included in “hotel” or “inn.”
Sec. 1.
(1) The liability of the keeper of any inn, whether individual, partnership, or corporation, for loss of or injury to personal property of the innkeeper's guest, shall be that of a depository for hire, except that in no case shall such liability exceed the sum of $250.00; and in case of the loss of a trunk or chest, and its contents, it shall not exceed the sum of $150.00; in case of the loss of a traveling bag or dress suitcase, and contents, it shall not exceed the sum of $50.00; and in case of the loss of a box, bundle, or package, and contents, it shall not exceed the sum of $10.00. Nothing in this act shall prohibit an innkeeper from assuming a greater liability than the sum of $250.00 for the personal effects of the innkeeper's guest if the undertaking and agreement is in writing, stating the kind of personal property received and the value thereof, the kind and extent of the liability of the innkeeper, and is signed by the guests and the innkeeper or the innkeeper's clerk. Nothing in this section shall preclude any remedy now existing for the enforcement of the hotel keeper's or innkeeper's lien.
(2) For the purposes of this act, "hotel" or "inn" includes a bed and breakfast as defined in section 12901 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.12901 of the Michigan Compiled Laws.
History:
1905, Act 42, Imd. Eff. Apr. 5, 1905 ;-- CL 1915, 6929 ;-- CL 1929, 8803 ;-- CL 1948, 427.101 ;-- Am. 1987, Act 115, Imd. Eff. July 13, 1987
Former Law:
See Act 15 of 1875, being CL 1897, § 5316, and Act 227 of 1897, being CL 1897, § 5315.
2023 Michigan Compiled Laws › Chapter 427 - Hotels › Act 42 of 1905 - Liability of Innkeepers for Personal Property of Guests (427.101 - 427.102) › Section 427.102 - Liability of Innkeeper; Money, Jewelry, and Valuable Papers.

427.102 Liability of innkeeper; money, jewelry, and valuable papers.
Sec. 2.
An innkeeper, whether individual, partnership, or corporation, who constantly has in the inn a metal safe or suitable vault in good order and fit for the custody of money, bank notes, jewelry, articles of gold and silver manufacture, precious stones, personal ornaments, railroad tickets, or negotiable or valuable papers and bullion, and who keeps on the doors of the sleeping rooms used by guests suitable locks and bolts, and on the transoms and windows of the rooms suitable fastenings, and who keeps a copy of this section printed in distinct type constantly and conspicuously suspended in the office and in the parlor or sitting room, barroom, washroom, and in 5 other conspicuous places in the inn, or in not less than 10 conspicuous places in the inn, shall not be liable for the loss of or injury to any property belonging to any guest, unless the guest has offered to deliver the property to the innkeeper for custody in the metal safe or vault, and the innkeeper has refused or omitted to take it and deposit it in the safe or vault for custody and to give the guest a receipt. The keeper of any inn shall not be obliged to receive from any guest for deposit in the safe or vault any property described in this section exceeding a total value of $250.00, except under special agreement as provided in section 1, and shall not be liable for any excess of the property, whether received or not. However, every innkeeper shall be liable for any loss of the articles of a guest enumerated in this section in the inn, which loss was caused by the theft or negligence of the innkeeper or any of the innkeeper's servants.
History:
1905, Act 42, Imd. Eff. Apr. 5, 1905 ;-- CL 1915, 6930 ;-- CL 1929, 8804 ;-- CL 1948, 427.102 ;-- Am. 1983, Act 209, Imd. Eff. Nov. 10, 1983
2023 Michigan Compiled Laws › Chapter 427 - Hotels › Act 145 of 1897 - Innkeeper's Lien to Secure Payment of Charges (427.201 - 427.207) › Section 427.201 - Lien Upon and Right to Detain Goods, Baggage, and Effects; Purpose; Enforcement; “Bed and Breakfast” Defined.

427.201 Lien upon and right to detain goods, baggage, and effects; purpose; enforcement; “bed and breakfast” defined.
Sec. 1.
(1) Whenever the keeper of any hotel, inn, boardinghouse, lodging house, bed and breakfast, or furnished apartment receives into his or her hotel, inn, boardinghouse, lodging house, bed and breakfast, or furnished apartment any person, guest, boarder, lodger, or tenant, the keeper shall have a lien upon and right to detain the goods, baggage, and effects of such guest, boarder, lodger, or tenant to secure and compel the payment of customary charges for the food and lodging furnished to the guest, boarder, lodger, or tenant. The lien may be enforced in the manner prescribed in this act.
(2) As used in this section, "bed and breakfast" means a bed and breakfast as defined in section 12901 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.12901 of the Michigan Compiled Laws.
History:
1897, Act 145, Eff. Aug. 30, 1897 ;-- CL 1897, 5317 ;-- CL 1915, 6947 ;-- CL 1929, 8791 ;-- Am. 1931, Act 95, Eff. Sept. 18, 1931 ;-- CL 1948, 427.201 ;-- Am. 1987, Act 114, Imd. Eff. July 13, 1987
2023 Michigan Compiled Laws › Chapter 427 - Hotels › Act 145 of 1897 - Innkeeper's Lien to Secure Payment of Charges (427.201 - 427.207) › Section 427.202 - Unclaimed Property; Sale, Notice.

427.202 Unclaimed property; sale, notice.
Sec. 2.
Any keeper of a hotel, inn, boarding house, lodging house or furnished apartment who shall have a lien for fare, accommodations or board upon any goods, baggage or other chattel property, and which being in his possession for 3 months at least after the departure of said guest, boarder, lodger or tenant leaving the same; or who for a period of 6 months shall have in his custody any unclaimed trunk, box, valise, package, parcel or other chattel property whatsoever, may proceed to sell the same at public auction after first having given notice to the county treasurer of such intended sale, and out of the proceeds of such sale may, in case of lien, retain the amount thereof, and the expense of advertisement and sale, and in case of unclaimed property the expense of storage, advertisement and sale thereof: Provided, In all instances, the notice specified in the next section be first given as therein directed.
History:
1897, Act 145, Eff. Aug. 30, 1897 ;-- CL 1897, 5318 ;-- CL 1915, 6948 ;-- CL 1929, 8792 ;-- Am. 1931, Act 95, Eff. Sept. 18, 1931 ;-- CL 1948, 427.202
2023 Michigan Compiled Laws › Chapter 427 - Hotels › Act 145 of 1897 - Innkeeper's Lien to Secure Payment of Charges (427.201 - 427.207) › Section 427.203 - Sale of Unclaimed Property; Publication and Service of Notice, Time.

427.203 Sale of unclaimed property; publication and service of notice, time.
Sec. 3.
A notice shall be published, at least, 15 days prior to the time of the sale. Said notice shall designate the time and place of holding such sale and contain a brief description of the baggage, articles and chattels to be sold, and said notice shall be published in a newspaper of general circulation, published in the city or town in which such hotel, inn, boarding house, lodging house or furnished apartment is situated; but if there be none, then in such newspaper published nearest said city or town; and shall also be served upon said guest, boarder, lodger, tenant or owner of such chattel articles or property, if he resides or can be found within the county where said hotel, inn, boarding house, lodging house or furnished apartment is situated, by delivering the same to him personally or leaving it at his place of residence with a person of suitable age in charge thereof. But if such guest, boarder, lodger, tenant, or owner does not reside or cannot be found in said county, then said notice shall be deposited in the postoffice of said city or town with the postage prepaid thereon, 15 days prior to said sale, and addressed to said guest, boarder, lodger, tenant, or owner at his place of residence, if his address be known to the keeper of said hotel, inn, boarding house, lodging house or furnished apartment. The sale shall take place between the hours of 10 o'clock in the forenoon and 4 o'clock in the afternoon, and all articles sold shall be to the highest bidder for cash.
History:
1897, Act 145, Eff. Aug. 30, 1897 ;-- CL 1897, 5319 ;-- CL 1915, 6949 ;-- CL 1929, 8793 ;-- Am. 1931, Act 95, Eff. Sept. 18, 1931 ;-- CL 1948, 427.203
2023 Michigan Compiled Laws › Chapter 427 - Hotels › Act 145 of 1897 - Innkeeper's Lien to Secure Payment of Charges (427.201 - 427.207) › Section 427.204 - Sale of Unclaimed Property; Surplus Proceeds Refunded.

427.204 Sale of unclaimed property; surplus proceeds refunded.
Sec. 4.
Such keeper of a hotel, inn, boarding house, lodging house, or furnished apartment shall make an entry of the articles sold and the balance of the proceeds of the sale, if any, and within 10 days from such sale, shall, upon demand, refund such balance and surplus to such guest, boarder or person leaving the articles sold.
History:
1897, Act 145, Eff. Aug. 30, 1897 ;-- CL 1897, 5320 ;-- CL 1915, 6950 ;-- CL 1929, 8794 ;-- Am. 1931, Act 95, Eff. Sept. 18, 1931 ;-- CL 1948, 427.204
2023 Michigan Compiled Laws › Chapter 427 - Hotels › Act 145 of 1897 - Innkeeper's Lien to Secure Payment of Charges (427.201 - 427.207) › Section 427.205 - Sale of Unclaimed Property; Balance, When Paid to County Treasurer; Affidavit.

427.205 Sale of unclaimed property; balance, when paid to county treasurer; affidavit.
Sec. 5.
In case such balance shall not be demanded and paid as specified in the last section within said 10 days, then within 5 days thereafter said keeper of a hotel, inn, boarding house, lodging house, or furnished apartment shall pay said balance to the treasurer of the county in which such hotel, inn, boarding house, lodging house, or furnished apartment shall be situated, and shall at the same time file with said treasurer an affidavit made by him, in which shall be stated the name and place of residence, so far as they are known to him, of the guest, boarder or person, whose goods, baggage or chattel articles were sold, the articles sold and the price at which they were sold, the name and residence of the auctioneer making the sale, and a copy of the notice published and how served, whether by personal service or by mailing, and if not so served and the reason thereof.
History:
1897, Act 145, Eff. Aug. 30, 1897 ;-- CL 1897, 5321 ;-- CL 1915, 6951 ;-- CL 1929, 8795 ;-- Am. 1931, Act 95, Eff. Sept. 18, 1931 ;-- CL 1948, 427.205
2023 Michigan Compiled Laws › Chapter 427 - Hotels › Act 145 of 1897 - Innkeeper's Lien to Secure Payment of Charges (427.201 - 427.207) › Section 427.206 - Sale of Unclaimed Property; Balance, When Paid to County Treasurer; Ultimate Disposition of Surplus.

427.206 Sale of unclaimed property; balance, when paid to county treasurer; ultimate disposition of surplus.
Sec. 6.
Said treasurer shall keep said surplus and moneys for, and credit the same to the person named in said affidavit as said guest, boarder, or person leaving the articles sold, and shall pay the same to said person, his or her agent or attorney, executors or administrators, upon demand and evidence satisfactory to said treasurer furnished of their identity: Provided, That if said amount be not claimed within 2 years from the date of sale, it shall be placed in and become a part of the contingent fund of the county.
History:
1897, Act 145, Eff. Aug. 30, 1897 ;-- CL 1897, 5322 ;-- CL 1915, 6952 ;-- CL 1929, 8796 ;-- CL 1948, 427.206
2023 Michigan Compiled Laws › Chapter 427 - Hotels › Act 145 of 1897 - Innkeeper's Lien to Secure Payment of Charges (427.201 - 427.207) › Section 427.207 - Sale of Unclaimed Property; Certain Rights Not Barred.

427.207 Sale of unclaimed property; certain rights not barred.
Sec. 7.
Nothing herein contained shall preclude any other remedy now existing for the enforcement of lien by keepers of hotels, inns, boarding houses, lodging houses, or furnished apartments, nor bar their right to recover for so much of the debt as shall not be paid through said sale.
Nothing contained in this act shall apply to leases for 2 months or more.
History:
1897, Act 145, Eff. Aug. 30, 1897 ;-- CL 1897, 5323 ;-- CL 1915, 6953 ;-- CL 1929, 8797 ;-- Am. 1931, Act 95, Eff. Sept. 18, 1931 ;-- CL 1948, 427.207
2023 Michigan Compiled Laws › Chapter 427 - Hotels › Act 125 of 2001 - Renting Rooms to Minors (427.301 - 427.304) › Section 427.301 - Definitions.

427.301 Definitions.
Sec. 1.
As used in this act:
(a) "Bed and breakfast" means that term as defined in section 4b of the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1504b.
(b) "Emancipated minor" means a minor who is emancipated under section 4 of 1968 PA 293, MCL 722.4.
(c) "Hotel" means that term as defined in section 1 of 1913 PA 188, MCL 427.1.
(d) "Minor" means an individual under 18 years of age.
History:
2001, Act 125, Imd. Eff. Oct. 15, 2001
2023 Michigan Compiled Laws › Chapter 427 - Hotels › Act 125 of 2001 - Renting Rooms to Minors (427.301 - 427.304) › Section 427.302 - Rental of Room to Minor.

427.302 Rental of room to minor.
Sec. 2.
A hotel or bed and breakfast may refuse to rent or lease a hotel room or a bed and breakfast room to a minor other than an emancipated minor.
History:
2001, Act 125, Imd. Eff. Oct. 15, 2001
2023 Michigan Compiled Laws › Chapter 427 - Hotels › Act 125 of 2001 - Renting Rooms to Minors (427.301 - 427.304) › Section 427.303 - Compliance With MCL 750.146.

427.303 Compliance with MCL 750.146.
Sec. 3.
A hotel or bed and breakfast shall comply with section 146 of the Michigan penal code, 1931 PA 328, MCL 750.146.
History:
2001, Act 125, Imd. Eff. Oct. 15, 2001
2023 Michigan Compiled Laws › Chapter 427 - Hotels › Act 125 of 2001 - Renting Rooms to Minors (427.301 - 427.304) › Section 427.304 - Documentation of Age.

427.304 Documentation of age.
Sec. 4.
A hotel or bed and breakfast may require that an individual provide documentary evidence confirming the age of an individual renting or leasing a hotel room or bed and breakfast room or documentary evidence of the emancipation of a minor, including a motor vehicle operator's or chauffeur's license, a registration certificate issued by the federal selective service, or other bona fide documentary evidence of the age and identity of the individual or emancipation of the minor.
History:
2001, Act 125, Imd. Eff. Oct. 15, 2001 ;-- Am. 2023, Act 75, Imd. Eff. July 12, 2023
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Repealed - Act 258 of 1955 - Trademarks (429.11 - 429.24)

TRADEMARKS
Act 258 of 1955
429.11-429.24 Repealed. 1969, Act 242, Eff. Jan. 1, 1970.
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.31 - Definitions.

429.31 Definitions.
Sec. 1.
As used in this act:
(a) “Trademark” means any word, name, symbol, or device, or any combination thereof, other than a trade name in its entirety, adopted and used by a person to identify goods made or sold by him or her and to distinguish them from similar goods made or sold by others.
(b) “Person” means any individual, firm, partnership, corporation, association, union, or other organization.
(c) “Applicant” means the person filing an application for registration of a trademark or service mark under this act, his or her legal representatives, successors, or assigns.
(d) “Registrant” means the person to whom the registration of a trademark or service mark under this act is issued, his or her legal representatives, successors, or assigns.
(e) “Service mark” means any word, name, symbol, or device, or any combination thereof, other than a trade name in its entirety, adopted and used by a person in the sale or advertising of services to identify his or her services and distinguish them from the similar services of others.
(f) “Mark” includes any trademark or service mark.
(g) “Trade name” means a word or group of words used by any person to identify a sole proprietorship, firm, partnership, corporation, association, union, or other organization.
(h) A mark is “used” in this state on goods when it is placed in any manner on the goods or their containers or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in this state, and on services when it is used or displayed in this state in the sale or advertising of services and the services are rendered in this state.
(i) A mark is “abandoned” when its use has been discontinued with intent not to resume. Intent not to resume may be inferred from circumstances. Nonuse for 2 consecutive years shall be prima facie abandonment.
(j) “Administrator” means the director of commerce or his or her designated representative.
History:
1969, Act 242, Eff. Jan. 1, 1970 ;-- Am. 1984, Act 203, Eff. Oct. 1, 1984
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.32 - Registration of Certain Marks Prohibited.

429.32 Registration of certain marks prohibited.
Sec. 2.
A mark by which the goods or services of an applicant for registration may be distinguished from the goods or services of others shall not be registered if the mark:
(a) Consists of or comprises immoral, deceptive, or scandalous matter.
(b) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute.
(c) Consists of or comprises the flag, coat of arms, or other insignia of the United States, or of a state or municipality, or of a foreign nation, or a simulation thereof.
(d) Consists of or comprises the name, signature, or portrait of a living individual, except with the individual's written consent.
(e) Consists of a mark which, when applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of the goods or services, or when applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them, or is primarily merely a surname. This subsection shall not prevent the registration of a mark used in this state by the applicant which has become distinctive of the applicant's goods or services. The administrator may accept as evidence that the mark has become distinctive, as applied to the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state or elsewhere for 5 years immediately preceding the date of the filing of the application for registration.
(f) Consists of or comprises a mark which so resembles a mark registered in this state, or a mark or trade name previously used in this state by another person and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause confusion, mistake, or to deceive.
History:
1969, Act 242, Eff. Jan. 1, 1970 ;-- Am. 1980, Act 63, Imd. Eff. Apr. 2, 1980 ;-- Am. 1984, Act 203, Eff. Oct. 1, 1984
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.33 - Application for Registration of Mark; Form; Contents; Signature, Verification, and Oath; Specimens; Fee; Service of Process.

429.33 Application for registration of mark; form; contents; signature, verification, and oath; specimens; fee; service of process.
Sec. 3.
(1) Subject to the limitations set forth in this act, a person who adopts and uses a mark in this state may file with the administrator, on a form to be furnished by the administrator, an application for registration of that mark which contains all of the following information:
(a) The name, business name, if any, and business address of the person applying for registration, and, if a corporation, the state of incorporation.
(b) The goods or services in connection with which the mark is used, the mode or manner in which the mark is used in connection with the goods or services, and the class in which the goods or services fall.
(c) The date when and the place where the mark was first used anywhere, and the date when the mark was first used in this state by the applicant or the applicant's predecessor in title.
(d) A statement that the applicant is the owner of the mark and that no other person has the right to use the mark in this state either in the identical form or in a form which so nearly resembles the mark as to be likely to deceive or to be mistaken for the mark.
(e) Other information relating to the registration of a mark as requested by the administrator.
(2) The application shall be signed, verified, and sworn to by the applicant, if an individual; by a member of the firm; by an officer of the corporation, association, or union; or by a member of the partnership applying.
(3) The application shall be accompanied by 2 specimens or facsimiles of the mark as used at the time of applying for registration of the mark.
(4) The application for registration shall be accompanied by a filing fee of $50.00, payable to the state of Michigan.
(5) The application shall include an appointment of the administrator as the applicant's agent for service of process only in actions relating to the registration of a mark for which an application has been submitted or a registered mark. Service of process may be issued under this subsection if the applicant is or becomes a nonresident individual, partnership, or association; if the applicant is or becomes a foreign corporation without a certificate to do business in this state; or if the applicant cannot be found in this state. Service of process shall be made by mailing a summons and a copy of the complaint to the administrator who shall keep a record of each process received. This service shall be sufficient upon the nonresident applicant provided notice of the service and a copy of the complaint are served upon the applicant by certified mail sent by the plaintiff.
History:
1969, Act 242, Eff. Jan. 1, 1970 ;-- Am. 1980, Act 63, Imd. Eff. Apr. 2, 1980 ;-- Am. 1984, Act 203, Eff. Oct. 1, 1984
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.34 - Certificate of Registration; Issuance; Contents; Refusal to Register Mark; Notice; Certificate as Evidence.

429.34 Certificate of registration; issuance; contents; refusal to register mark; notice; certificate as evidence.
Sec. 4.
(1) Upon compliance by the applicant with the requirements of this act, the administrator shall issue a certificate of registration to the registrant. The certificate of registration shall be issued under the signature of the administrator and shall set forth the name and business address and, if a corporation, the state of incorporation, of the registrant, the description or a reproduction of the mark and the general class of goods or services to which appropriated, a description of the goods or services on which the mark is used, the date claimed for first use of the mark anywhere and the date claimed for the first use of the mark in this state, the registration date and term of the registration.
(2) If the administrator refuses to register a mark the applicant shall be notified and the reason for the refusal stated in writing.
(3) Any certificate of registration issued by the administrator, or a copy thereof duly certified by the administrator, shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any action or judicial proceedings in any court of this state and shall be evidence of registrant's right to use the mark throughout this state in connection with the goods or services specified in the certificate, subject to any conditions and limitations stated therein, but shall not preclude an opposing party from proving any legal or equitable defense or defect which might have been asserted if such mark had not been registered.
History:
1969, Act 242, Eff. Jan. 1, 1970 ;-- Am. 1984, Act 203, Eff. Oct. 1, 1984
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.35 - Registration; Term; Application for Renewal; Form; Fee; Notice to Registrant; Expiration and Renewal of Existing Registration; Statement.

429.35 Registration; term; application for renewal; form; fee; notice to registrant; expiration and renewal of existing registration; statement.
Sec. 5.
(1) Registration of a mark shall be effective for a term of 10 years from the date of registration, and may be renewed for successive terms of 10 years upon application filed within 6 months prior to the expiration of each term, on a form to be furnished by the administrator. A renewal fee of $25.00, payable to the state, shall accompany the application for renewal of the registration.
(2) The administrator shall notify registrants of marks of the necessity of renewal within the year next preceding the expiration of the 10 years from the date of registration by writing to the last known address of the registrants.
(3) Any registration in force on the date on which this act becomes effective shall expire 10 years from the date of the registration or of the last renewal thereof or 1 year after the effective date of this act, whichever is later, and may be renewed by filing an application with the administrator, on a form furnished by the administrator, and paying the renewal fee therefor within 6 months prior to the expiration of the registration.
(4) An application for renewal shall include a statement by the applicant setting forth the goods or services on or in connection with which the mark is still in use in this state, or if not still in use sufficient facts must be recited to show that nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark.
History:
1969, Act 242, Eff. Jan. 1, 1970 ;-- Am. 1984, Act 203, Eff. Oct. 1, 1984
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.36 - Mark and Registration Assignable; Recordation of Assignment; Fee; Issuance of Certificate to Assignee; Subsequent Purchaser.

429.36 Mark and registration assignable; recordation of assignment; fee; issuance of certificate to assignee; subsequent purchaser.
Sec. 6.
Any mark and its registration shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be recorded with the administrator upon the payment of a fee of $15.00, payable to the state, who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this act is void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the administrator within 3 months after the date thereof or prior to the subsequent purchase.
History:
1969, Act 242, Eff. Jan. 1, 1970 ;-- Am. 1984, Act 203, Eff. Oct. 1, 1984
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.37 - Record; Public Examination.

429.37 Record; public examination.
Sec. 7.
The administrator shall keep for public examination a record of all marks registered or renewed under this act.
History:
1969, Act 242, Eff. Jan. 1, 1970 ;-- Am. 1984, Act 203, Eff. Oct. 1, 1984
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.38 - Cancellation From Register.

429.38 Cancellation from register.
Sec. 8.
The administrator shall cancel from the register:
(a) All registrations under this and prior acts which are more than 10 years old and not renewed in accordance with this act.
(b) Any registration concerning which the administrator receives a voluntary request for cancellation thereof from the registrant or the assignee of record.
(c) Any registration concerning which a court of competent jurisdiction of record finds:
(i) That the registered mark has been abandoned.
(ii) That the registrant is not the owner of the mark.
(iii) That the registration was granted improperly.
(iv) That the registration was obtained fraudulently.
(d) Any registration ordered canceled on any ground by a court of competent jurisdiction of record.
History:
1969, Act 242, Eff. Jan. 1, 1970 ;-- Am. 1984, Act 203, Eff. Oct. 1, 1984
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.39 - Repealed. 1984, Act 203, Eff. Oct. 1, 1984.

429.39 Repealed. 1984, Act 203, Eff. Oct. 1, 1984.
Compiler's Notes:
The repealed section pertained to petition for cancellation.
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.40 - Classes of Goods and Services; Amendment; Limitation.

429.40 Classes of goods and services; amendment; limitation.
Sec. 10.
(1) The following general classes of goods and services are established for the purpose of administering this act. The administrator may amend, by rule or regulation, the classification established in this section, but not in any way to limit or extend the applicant's or registrant's rights. An application for registration of a mark shall be limited to a single general class of goods or services. Nothing in this act shall be construed as limiting the registration of a mark to 1 general class.
(2) The classes are as follows:
(a) Goods:
(1) Raw or partly prepared materials.
(2) Receptacles.
(3) Baggage, animal equipments, portfolios and pocketbooks.
(4) Abrasives and polishing materials.
(5) Adhesives.
(6) Chemicals and chemical compositions.
(7) Cordage.
(8) Smokers' articles, not including tobacco products.
(9) Explosives, firearms, equipment and projectiles.
(10) Fertilizers.
(11) Inks and inking materials.
(12) Construction materials.
(13) Hardware and plumbing and steam-fitting supplies.
(14) Metals and metal castings and forgings.
(15) Oils and greases.
(16) Paints and painters' materials.
(17) Tobacco products.
(18) Medicines and pharmaceutical preparations.
(19) Vehicles.
(20) Linoleum and oiled cloth.
(21) Electrical apparatus, machines and supplies.
(22) Games, toys and sporting goods.
(23) Cutlery, machinery and tools, and parts thereof.
(24) Laundry appliances and machines.
(25) Locks and safes.
(26) Measuring and scientific appliances.
(27) Horological instruments.
(28) Jewelry and precious-metal ware.
(29) Brooms, brushes and dusters.
(30) Crockery, earthenware and porcelain.
(31) Filters and refrigerators.
(32) Furniture and upholstery.
(33) Glassware.
(34) Heating, lighting and ventilation apparatus.
(35) Belting, hose, machinery packing, and nonmetallic tires.
(36) Musical instruments and supplies.
(37) Paper and stationery.
(38) Prints and publications.
(39) Clothing.
(40) Fancy goods, furnishings and notions.
(41) Canes, parasols and umbrellas.
(42) Knitted, netted and textile fabrics, and substitutes therefor.
(43) Thread and yarn.
(44) Dental, medical and surgical appliances.
(45) Soft drinks and carbonated waters.
(46) Foods and ingredients of foods.
(47) Wines.
(48) Malt beverages and liquors.
(49) Distilled alcoholic liquors.
(50) Merchandise not otherwise classified.
(51) Cosmetics and toilet preparations.
(52) Detergents and soaps.
(b) Services:
(100) Miscellaneous.
(101) Advertising and business.
(102) Insurance and financial.
(103) Construction and repair.
(104) Communication.
(105) Transportation and storage.
(106) Material treatment.
(107) Education and entertainment.
History:
1969, Act 242, Eff. Jan. 1, 1970 ;-- Am. 1984, Act 203, Eff. Oct. 1, 1984
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.41 - Fraudulent Procurement of Filing or Registration; Liability.

429.41 Fraudulent procurement of filing or registration; liability.
Sec. 11.
Any person who on their behalf, or on behalf of any other person, procures the filing or registration of any mark in the office of the administrator, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of the filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction of record.
History:
1969, Act 242, Eff. Jan. 1, 1970 ;-- Am. 1984, Act 203, Eff. Oct. 1, 1984
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.42 - Improper Use, Reproduction or Imitation; Damages.

429.42 Improper use, reproduction or imitation; damages.
Sec. 12.
Subject to the provisions of section 14, any person who shall:
(a) Use, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered under this act in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or
(b) Reproduce, counterfeit, copy or colorably imitate any such registered mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services; is liable to a civil action by the owner of the registered mark for any or all of the remedies provided in section 13, except that under subdivision (b) of this section the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that the mark is intended to be used to cause confusion or mistake or to deceive.
History:
1969, Act 242, Eff. Jan. 1, 1970
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.43 - Injunctions; Damages; Prosecution; Exceptions.

429.43 Injunctions; damages; prosecution; exceptions.
Sec. 13.
(1) Any owner of a mark registered under this act may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction of record may grant injunctions to restrain such manufacture, use, display or sale as by the court may be deemed just and reasonable, and may require the defendants to pay to the owner all profits derived from or all damages suffered by reason of such wrongful manufacture, use, display, or sale, or both; and the court may also order that any counterfeits or imitations in the possession or under the control of any defendant in the case be delivered to an officer of the court, or to the complainant, to be destroyed.
(2) The enumeration of any right of remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.
(3) Notwithstanding any other provision of this act, the remedies given to the owner of the right infringed shall be limited as follows: (a) where an infringer is engaged solely in the business of printing the mark for others and establishes that he was an innocent infringer, the owner of the right infringed shall be entitled as against the infringer only to an injunction against future printing; (b) where the infringement complained of is contained in or is part of paid advertising matter in a newspaper, magazine, or other similar periodical the remedies of the owner of the right infringed as against the publisher or distributor of the newspaper, magazine, or other similar periodical shall be confined to an injunction against the presentation of such advertising matter in future issues of the newspapers, magazines, or other similar periodicals. These limitations shall apply only to innocent infringers; (c) injunction relief shall not be available to the owner of the right infringed in respect of an issue of a newspaper, magazine, or other similar periodical containing infringing matter when restraining the dissemination of such infringing matter in any particular issue of such periodical would delay the delivery of the issue after the regular time therefor, and the delay would be due to the method by which publication and distribution of the periodical is customarily conducted in accordance with sound business practice, and not to any method or device adopted for the evasion of this section or to prevent or delay the issuance of an injunction or restraining order with respect to such infringing matter.
History:
1969, Act 242, Eff. Jan. 1, 1970
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.44 - Common Law Rights.

429.44 Common law rights.
Sec. 14.
Nothing contained in this act shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
History:
1969, Act 242, Eff. Jan. 1, 1970
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.45 - Repeal.

429.45 Repeal.
Sec. 15.
Act No. 258 of the Public Acts of 1955, being sections 429.11 to 429.24 of the Compiled Laws of 1948, is repealed.
History:
1969, Act 242, Eff. Jan. 1, 1970
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 242 of 1969 - Trademarks and Service Marks (429.31 - 429.46) › Section 429.46 - Effective Date.

429.46 Effective date.
Sec. 16.
This act shall take effect January 1, 1970.
History:
1969, Act 242, Eff. Jan. 1, 1970
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Repealed - Act 41 of 1891 - Counterfeit or Imitation Labels, Trademarks, or Advertising (429.51 - 429.56)

COUNTERFEIT OR IMITATION LABELS, TRADEMARKS, OR ADVERTISING
Act 41 of 1891
429.51-429.56 Repealed. 1955, Act 258, Eff. Oct. 14, 1955.
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 141 of 1875 - Michigan Wheat (429.103 - 429.104) › Section 429.103 - Fraudulent Wheat Sale; Civil Liability.

429.103 Fraudulent wheat sale; civil liability.
Sec. 3.
Any person or persons who shall sell to another any wheat as Michigan wheat or the product of this state, knowing the same to be in whole or in part the product of any other state or country, shall be liable to the person or persons to whom the same is so sold in an action on this statute for double the amount of damages which he shall have sustained by reason of any breach in the contract of sale.
History:
1875, Act 141, Eff. Aug. 3, 1875 ;-- How. 2242 ;-- CL 1897, 5464 ;-- CL 1915, 7148 ;-- CL 1929, 8940 ;-- CL 1948, 429.103
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 141 of 1875 - Michigan Wheat (429.103 - 429.104) › Section 429.104 - Inapplicability of Act.

429.104 Inapplicability of act.
Sec. 4.
The provisions of the foregoing section of this act shall not apply in cases where wheat is brought to market in this state by teams from adjoining localities in other states.
History:
1875, Act 141, Eff. Aug. 3, 1875 ;-- How. 2243 ;-- CL 1897, 5465 ;-- CL 1915, 7149 ;-- CL 1929, 8941 ;-- CL 1948, 429.104
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 241 of 1959 - Liquefied Petroleum or Carbonic Gas Containers (429.111 - 429.113) › Section 429.111 - Liquefied Petroleum or Carbonic Gas Containers; Definitions.

429.111 Liquefied petroleum or carbonic gas containers; definitions.
Sec. 1.
As used in this act:
(a) “Liquefied petroleum gas” means any material which is composed predominantly of any of the following hydrocarbons or mixtures of the same: Propane, propylene, butanes (normal butane and isobutane), and butylenes.
(b) “Carbonic gas” means carbon dioxide.
History:
1959, Act 241, Eff. Mar. 19, 1960
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 241 of 1959 - Liquefied Petroleum or Carbonic Gas Containers (429.111 - 429.113) › Section 429.112 - Liquefied Petroleum or Carbonic Gas Container; Transfer; Written Authorization Required; Marking on Surface Container; Compliance With Rules.

429.112 Liquefied petroleum or carbonic gas container; transfer; written authorization required; marking on surface container; compliance with rules.
Sec. 2.
(1) Except as provided in subsection (4), a person shall not transfer liquefied petroleum or carbonic gas, or any other gas or compound, out of or into a stationary liquefied petroleum or carbonic gas container without the written authorization of the owner of the container.
(2) A person shall not sell, offer for sale, give, take, loan, deliver, or otherwise dispose of or traffic in a stationary liquefied petroleum or carbonic gas container or containers unless the surface of the container is marked in plainly legible characters with the name, initials, mark, or other device of the owner.
(3) A person, other than the owner of a stationary liquefied petroleum or carbonic gas container or a person authorized in writing by the owner, shall not deface, erase, obliterate, cover up, or otherwise remove or conceal any name, mark, initial, or device marked on the surface of the container.
(4) An individual transferring liquefied petroleum or carbonic gas, or any other gas or compound, out of or into a stationary liquefied petroleum or carbonic gas container shall comply with any rules promulgated by the department of environmental quality under section 3c(2) of the fire prevention code, 1941 PA 207, MCL 29.3c.
History:
1959, Act 241, Eff. Mar. 19, 1960 ;-- Am. 2006, Act 504, Imd. Eff. Dec. 29, 2006
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 241 of 1959 - Liquefied Petroleum or Carbonic Gas Containers (429.111 - 429.113) › Section 429.113 - Violation of Act; Penalty; Civil Action; Damages; Relief; Allegation and Proof of Compliance.

429.113 Violation of act; penalty; civil action; damages; relief; allegation and proof of compliance.
Sec. 3.
(1) A person that violates this act is guilty of a misdemeanor. Each container possessed in violation of this act is a separate offense.
(2) A person may bring a civil action against a person that violates section 2(1) for damages or equitable relief. In an action for damages, the person may recover actual damages or $2,000.00, whichever is greater, for each violation of section 2(1) and costs and reasonable attorney fees.
(3) A person who brings an action in a court in this state to collect payment for transferring liquefied petroleum or carbonic gas into or out of a stationary liquefied petroleum or carbonic gas container must allege and prove that the person complied with section 2(1) in the transfer of the gas to prevail in that action.
History:
1959, Act 241, Eff. Mar. 19, 1960 ;-- Am. 2006, Act 505, Imd. Eff. Dec. 29, 2006
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 75 of 1964 - Army or Navy Surplus Merchandise (429.131 - 429.133) › Section 429.131 - Army or Navy Surplus Merchandise; Marking.

429.131 Army or navy surplus merchandise; marking.
Sec. 1.
Any wholesaler or retailer distributing or selling any article of merchandise advertised or sold as army or navy surplus merchandise shall have such article of merchandise plainly marked or stamped as such.
History:
1964, Act 75, Eff. Aug. 28, 1964
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 75 of 1964 - Army or Navy Surplus Merchandise (429.131 - 429.133) › Section 429.132 - Army or Navy Surplus Merchandise; Illegal Sale.

429.132 Army or navy surplus merchandise; illegal sale.
Sec. 2.
It shall be illegal for any wholesaler or retailer to distribute or sell any article of merchandise as army or navy surplus unless the article of merchandise is in fact army or navy surplus and so marked or stamped as provided in section 1.
History:
1964, Act 75, Eff. Aug. 28, 1964
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 75 of 1964 - Army or Navy Surplus Merchandise (429.131 - 429.133) › Section 429.133 - Violation of Act; Penalty.

429.133 Violation of act; penalty.
Sec. 3.
Any wholesaler or retailer violating any provision of this act shall be guilty of a misdemeanor.
History:
1964, Act 75, Eff. Aug. 28, 1964
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 19 of 1923 - Laundered Articles for Hire (429.201 - 429.206) › Section 429.201 - Laundered Articles for Hire; Mark or Device; Filing, Publication, Fee.

429.201 Laundered articles for hire; mark or device; filing, publication, fee.
Sec. 1.
Any person, firm or corporation engaged in the business of supplying towels, coats, aprons, toilet devices, or other kindred articles or supplies, for hire or compensation, used for the purpose of providing cleanliness and sanitation which are, shall, or may have a name, or trade mark or device branded, stamped, marked, sewed or otherwise impressed thereon, may file in the office of the clerk of the county in which the principal place of business is situated, a description of such name, mark or device, and cause such description to be printed once in each week for 3 weeks successively in a newspaper published in such county. If the principal place of business of any such person, firm or corporation is in another state, the filing of such description shall be made in the office of the county clerk in any county of this state in which business is done, and printed for 3 weeks successively in any newspaper published in such county. When any such person, firm or corporation shall have complied with the provisions of this section, he shall thereupon be deemed the proprietor of such name, mark or device, and of every such towel, apron, coat, toilet cabinet or toilet device, so used, upon which the mark may be branded, stamped, marked, sewed, or otherwise impressed or produced thereon, upon the filing with the county clerk, such name, mark or device, and there shall be paid to the county clerk $3.00 for each such name, mark or device so filed.
History:
1923, Act 19, Eff. Aug. 30, 1923 ;-- CL 1929, 8821 ;-- CL 1948, 429.201 ;-- Am. 1963, Act 114, Eff. Sept. 6, 1963
2023 Michigan Compiled Laws › Chapter 429 - Brands, Labels, and Trademarks › Act 19 of 1923 - Laundered Articles for Hire (429.201 - 429.206) › Section 429.202 - Sale of Business; Filing of Certificate; Publication.

429.202 Sale of business; filing of certificate; publication.
Sec. 2.
When any person, firm or corporation having complied with the provisions of the preceding section of this act, assigns by sale or otherwise, the business of supplying towels, coats, aprons, toilet cabinets, towel devices, or any other kindred articles of supplies used for the purpose of cleanliness and sanitation, such assignee shall, upon such assignment, file in the office of the clerk of the county in which his or its principal place of business is situated, a certificate of said assignment, and cause such certificate to be printed once each week for 3 weeks successively in a newspaper published in such county. If the principal place of business of such assignee is in another state, the filing of such certificate of assignment shall be made in the office of the county clerk in any county of this state in which business is done and printed once each week for 3 weeks successively in a newspaper published in such county.
History:
1923, Act 19, Eff. Aug. 30, 1923 ;-- CL 1929, 8822 ;-- CL 1948, 429.202