Ridgefield Park, NJ asked in Trademark for New Jersey

Q: Hello, when I search here, if there is no registered trademark, can I use that word for my t shirt selling? Thanks!

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2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: Determining whether a trademark exists is not so simple. You really need to meet with an intellectual property attorney and you also need to have the correct corporate entities in place to protect you and your business against personal liability. You also need to have all your intellectual property protected. The amount you spend on the legal fees to have this done right will prevent lawsuits or limit the damage they can call. This is not something that can be done by a template-based online service like Legal Zoom or Rocket Lawyer, or someone who is not a licensed attorney. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by geography anymore in terms of choosing an attorney. You can “Meet” your attorney online for an initial strategy session from the comfort of your own home. Through mail, e-mail and electronic filing almost everything can be done without leaving your home, for most types of cases. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: Not necessarily. You need to consult with an attorney.

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