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Trademarks play a vital role in the protection of brand names, logos, slogans, and symbols that distinguish the goods or services of one business from those of another. In New Jersey, as in the rest of the United States, trademarks are protected under both federal and state law. Federal registration is handled by the United States Patent and Trademark Office (USPTO), while the New Jersey Division of Revenue and Enterprise Services manages trademark registration within the state. Registering a trademark can help prevent others from using similar marks that might cause confusion among consumers and damage a business’s reputation or economic interests.
While it is possible to apply for and enforce trademark rights on your own, there are many situations where legal help is highly beneficial. Common reasons for seeking a trademark lawyer in New Jersey include:
A knowledgeable trademark attorney can help guide you through complex legal procedures, protect your business assets, and avoid costly mistakes.
New Jersey trademark law is governed by the New Jersey Trademark Act (N.J.S.A. 56:3-13.16 et seq.), which provides protections similar to those available at the federal level. Registering a trademark with the state of New Jersey grants rights within state borders and serves as public notice of your claim. Trademark rights can also arise from simply using a mark in commerce within New Jersey, known as "common law" rights, but registration offers additional benefits, such as easier enforcement and official documentation.
Key local rules include:
A trademark is any word, phrase, symbol, device, or combination that identifies and distinguishes the source of goods or services of one party from others.
Registration is optional but highly recommended. While you obtain some rights simply by using the mark, registration provides stronger legal protection and public notice.
You can register your mark by filing an application with the New Jersey Division of Revenue and Enterprise Services. You must provide a description of your mark and how it is used in commerce, along with a filing fee.
Federal registration offers broader protection, including nationwide rights and eligibility for certain legal remedies. State registration provides protection only within New Jersey.
A New Jersey trademark registration is valid for ten years from the registration date and can be renewed for additional ten-year periods.
You may be able to demand that the infringing party stop using your mark, seek damages, and possibly take legal action in state court.
A trademark is used for goods or products, while a service mark is used for services. The legal protections are essentially the same.
You can use the ™ symbol for unregistered marks. The ® symbol is reserved for marks registered with the USPTO at the federal level.
If your application is denied, you may need to address the reasons detailed in the refusal. A lawyer can help you respond to any office actions or appeals.
Yes, trademarks can be assigned (transferred) or licensed (granted rights to use) under written agreements. Proper documentation and legal oversight are important to protect your rights.
If you need more information or assistance, the following resources may be helpful:
If you are considering trademark protection for your business in New Jersey, take the following steps:
Seeking legal advice early can prevent costly disputes and ensure your intellectual property is fully protected in New Jersey and beyond.
