Legal Question in Intellectual Property in Michigan

Re: Trademark, Registered, Copyright

Trademark and copyright are two entirely different types of intellectual property. Both of them can be registered or unregistered.

Under the 1976 Copyright Act, copyright is vested in the creator of an original work upon its creation. Registration is strongly encouraged because the owner's remedies for infringement are far superior if the infringement occurs after registration; further, registration is a jurisdictional prerequisite (i.e., suit cannot be brought under the Copyright Act until the work has been registered with the U.S. Copyright Office. The same symbol (superscript encircled (c)) is used for all copyright works.

Trademarks arise under both state and federal law. Trademarks designate a single unique source or origin for goods or services (e.g., Ford). An owner denotes use of a trademark by the superscript "TM" if it is not registered, and with the encircled superscript (R) once it has been registered. The designation "Registered" therefore is commonly understood to mean that a registered trademark is being used.

Best wishes,

LDWG