First Reading

AMENDMENT TO CHAPTER 1,

OF THE CODE OF ORDINANCES

CHARTER TOWNSHIP OF BRANDON

PREAMBLE

On October 4, 2002, the Charter Township of Brandon adopted and registered its Service Mark (also known as a “Trademark” or “Logo”) consisting of a circular figure with design elements in the center (Brandon Township and year of origin).  Said registration was renewed in 2012, and is designated for renewal thereafter.  The Board of Trustees of The Charter Township of Brandon has determined that the public health, safety and general welfare will be served if the Code of Ordinances, Chapter 1, is amended to add Section 1-13, a provision regarding affirmation and protection of the Township “Service Mark”, from unauthorized use.

THE CHARTER TOWNSHIP OF BRANDON, OAKLAND COUNTY, MICHIGAN ORDAINS:

Section 1-13 of the Code of Ordinances, Charter Township of Brandon, Oakland County, Michigan is hereby created to read as follows:

Short Title:  This Ordinance shall be known and may be cited as the Charter Township of Brandon “Service Mark” Designation and Protection Ordinance.

Intent:  In 2002 the Board of Trustees of the Charter Township of Brandon established and approved the design and content of a symbol to identify the Township in its public affairs, which design and content was thereafter registered and certified with the State of Michigan and renewed in 2012.  Such “Service Mark” (also referred to as “Trademark” or “Logo”) is proprietary to Brandon Township and although protected under the laws of the State of Michigan should also be protected by an Ordinance approved by the Board of Trustees

Content:  As registered, the “Logo” of the Township consists of a circular figure with design elements, including the year of establishment of the Township, 1837, and the name “Brandon Township”.

Affirmation:  The original approval of the form and content of the “Service Mark” is hereby affirmed.

Improper Use, Reproduction or Imitation prohibited: The following actions are hereby prohibited:

(a) Any person, that shall use, or cause to be used, without the written consent of the Brandon Township Board of Trustees, any reproduction, counterfeit, copy or colorable imitation of the Brandon Township “Service Mark” as registered, in connection with the sale, offering for sale, advertising or promotion, of any product, activity, event, or organization which is reasonably likely to cause confusion or mistake or to deceive as to the approval or sponsorship by Brandon Township; or

 (b) Reproduce, counterfeit, copy or colorably imitate any such registered “ Service Mark” and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, advertisements or similar presentations intended to be used upon or in connection with the promotion of any product, activity, event or organization or in connection with such use; is responsible for a civil infraction, and subject to fines, costs and other remedies as described in this Code of Ordinances, Section 1-12 above, and the laws of this State.

Severability:  If any subsection, clause, phrase or portions of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this ordinance and such holding shall not affect the validity of the remaining portions of this ordinance.

Savings:  All proceedings pending, and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect, are saved and may be consummated according to the law in force when they were commenced.

Repealer: All ordinances or parts of ordinances or Sections of the Charter Township of Brandon Code of Ordinances in conflict with this Ordinance are repealed only to the extent necessary to give this Ordinance full force and effect.

Effective Date:  This Ordinance shall be effective upon publication in the manner prescribed by law.

Enactment:  This Ordinance is declared to have been enacted by the Township Board of Trustees of the Charter Township of Brandon at a meeting called and held on January 10, 2022, and ordered to be given publication in the manner prescribed by law.

First Reading posted in the Citizen Newspaper, on 1/15/2022, by Brandon Township Clerk Roselyn Blair, 395 Mill St. Ortonville, MI 48462

Publish in The Citizen 1-15-22