New Jersey Trademark: Everything You Need to Know
A New Jersey trademark is something businesses need in order to protect their names and symbols.3 min read
A New Jersey trademark is something businesses need in order to protect their names and symbols. While it might not be a simple process, it is important to businesses in the area.
Searching for Trade Names
Before applying for a trademark, It's important to search the area to see if other businesses are using the name you want, or something similar. At times, businesses use different names for marketing than their actual formal registration names. These alternative names are known as 'doing business as' names or 'trading as' names. After you ensure the name you want is open, move forward.
Register/Renew State Trade and Service Marks
Businesses can register, renew, change, cancel, or assign state trade or service marks through forms that have basic instructions. The form necessary for the registration is Form TMSM-01.
Information for Form TMSM-01
There are a number of technical areas you will have to get right to make the form valid:
- Drawing the Mark: The drawing on the sheet must be an exact copy of the mark on your example and must go with the description in the second item on the application. Applicants can print pictures of the mark to place on the form.
- Drawing Sheet: The sheet can't include pictures, text, or other items that aren't part of the actual mark. If the mark has a phrase on it, it has to be typed onto the drawing page.
- Classification Numbers: The numbers have to match those on the mark type that was checked on the first item. Applicants can list more than one number, but $50 will be charged for every additional classification after the first one. Only one type of mark can be checked off on each form. Multiple classifications can only be used on one form if they are under the same mark style.
- Dates: Applicants have to list the date the mark was first used in the state of New Jersey, and they cannot list a future date to reserve a mark. The date the mark was used somewhere else is optional. The mark is considered in use when it has been placed on items for sale, displays, or has been distributed in public in another form.
Before you send your form off, make sure everything is in order. You will need to:
- Get the application notarized.
- Make a check or money order out to the New Jersey Division of Revenue to go along with the application.
- Applicants that want to pursue a state trade or service mark in accordance with NJSA 56 must use this form.
- Applicants have to adhere to the requirements as stated in the New Jersey law.
- Send the application to the Attention of TMSM Unit, NJ Division of Revenue, PO Box 453 33 West State Street, 5th Floor, Trenton, NJ 08646-0453
There are two premium service surcharges to notice. First, there is a $15 fee to file expedited handling, which allows you just an 8.5 hour processing time and second, there is a $100 extra fee for same day service. If you have additional charged attached to your form, take note of those and write extra checks or money orders.
FAQ Regarding New Jersey Trademarks
If you have questions about trademarks, contact an attorney or review some of the frequently asked questions below.
Do I need a patent, trademark, copyright, or what?
There are four types of work protection in US law. They include: Patents, which protect inventions like new things or new ways of doing things. Trademarks, which include names and symbols. Copyright, which protects expressions. And Trade Secrets, which protect information.
Someone wants to trademark a name in NJ, but it's already taken in another state, what should they do?
If you want a trademark that is already present in another state, a trademark attorney will have to step in and do a search to see the scope of the other mark.
If someone else buys the trademark for a name you're already doing, can they sue you to stop using the name?
Anyone can sue anyone else, but you have to ask if they have any hope of winning. In this situation, there are certain pieces of information that would have to be displayed to know if you are on the winning or losing side. You would need to state when you started using the name as opposed to when they started. You should have the date of your trademark and proof that the name was used consistently.
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