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New Jersey Trademark Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: Trademarking my business name.

I've had my business for over 20 yrs but only recently contacted an online legal services company about trademarking the name. A few weeks later that company contacted me by email informing me that someone else was applying to trademark the same name and if I did not respond in 2 days, they... View More

Leonard R. Boyer
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answered on Dec 16, 2023

You need to retain an experienced New Jersey law firm, that has an attorney who is highly experienced in not just trademarks but all intellectual property and also has an attorney that can help you set up the right corporate entities and contracts as well as show you want being a digital... View More

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1 Answer | Asked in Products Liability, Copyright and Trademark for New Jersey on
Q: Is it legal to sell a product that has already been made? Even though I’d be making it myself but changing the name

I’d like to start my own business selling dog bandanas with a scrunchie back rather than a knot, which I saw the idea from company Hunnypotpup. I also wanted to make matching scrunchies with it, which that idea comes from the Foggy dog. I believe they are both trademarked. Is it legal to use both... View More

Emmanuel Coffy
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answered on Aug 28, 2023

Here are some general points to consider based on your description:

Trademark vs. Copyright vs. Patent:

Trademark protects brand names, logos, and other brand identifiers from being used by others. It doesn't protect the idea or concept itself.

Copyright protects...
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3 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: Is The rowdy mermaid already a trademark name for a store front
Leonard R. Boyer
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answered on Jul 29, 2023

On Monday, April 27, 2020, a trademark application was filed for ROWDY MERMAID with the United States Patent and Trademark Office. The USPTO has given the ROWDY MERMAID trademark a serial number of 88890277. The federal status of this trademark filing is REGISTERED as of Tuesday, June 22, 2021.... View More

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2 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: If we produce a hot sauce made with tabasco peppers, can we say on the label "made with tabasco peppers" ?

we will produce a hot sauce from Costa Rica made with actual Tabasco peppers. Can we say on the label "made with Tabasco peppers" or will we have problems with the Tabasco McIlhenny company? Thank you!

David Aldrich
David Aldrich
answered on May 15, 2023

No one can guarantee you that a company using the term "tabasco" as part of their name won't TRY to create "problems" for you. That said, it would be very difficult for any such company to prevent you from using the phrase "made with tabasco peppers," as... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New Jersey on
Q: Are the bluey images and text copyrighted?

I make cups with bluey images on them. Are bluey images copyrighted?

N'kia (NLN)
N'kia (NLN)
answered on May 2, 2023

Generally, copyright belongs to the creator or author from the moment they create or author something, whether they register it or not, and you can only use something for commercial purposes if you created it, bought it, or "licensed" it. (There are some exceptions to the general rules,... View More

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3 Answers | Asked in Copyright, Trademark and Intellectual Property for New Jersey on
Q: can I use Apollo for my brand
James L. Arrasmith
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answered on May 2, 2023

The use of "Apollo" as a brand name will depend on various factors, including the nature of your business and the goods or services you offer. It's possible that the term "Apollo" is already registered as a trademark by another company in your industry, in which case you... View More

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2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for New Jersey on
Q: If my dogs name is Tater, can I bake a chicken and cheese treat named Tater’s Tots?
Leonard R. Boyer
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answered on Mar 25, 2023

NO you cannot do so. The name "Tater Tot" is a registered trademark of Ore-Ida. You would end up paying a significant sum of money since you would be infringement of their trademark. What you need to do is develop a business plan and a different name for your product that is catchy.... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New Jersey on
Q: What are the first steps in filing for the copyright of an activity or event that will be on-going?

Also includes the words "the new" at the beginning and the word "revue" at the end; (i.e, the new.......revue). As a tribute to the orginal activity, which is no longer in business, would this be an infringement issue?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 13, 2023

It would not be infringing to use the name or trademark of a company that is no longer in business, and even if it were, the use would be "nominative fair use" which means you are simply naming it for identification purposes.

The title format "the new ... revue" could...
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3 Answers | Asked in Trademark for New Jersey on
Q: Do they have any legal standing on the trademark infringement?

I received a letter regarding trademark infringement for a product that i have been selling for years with the same product name, i noticed that the trademark was filed recently although the company that sent the letter claims they have been using the name for years

Erik Špila
Erik Špila
answered on Sep 1, 2022

Dear Mr or Mrs,

the proper answer for you would depend on further information you would need to provide such as the content of the letter, segment of products, registered trademark goods/services and so on. Also some evidence of you selling the products with this trademark would also help...
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1 Answer | Asked in Intellectual Property and Trademark for New Jersey on
Q: Is using a word from a another company as my brand considered copyright

There is a skincare and tech company that use the word MERAKI and I’m planning to use the same word for my clothing brand. Is that considered copyright. I have a different logo though

Emmanuel Coffy
Emmanuel Coffy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2022

First, your issue falls under trademark rather than copyright. Second, why do you want to use a word associated with an existing company? You may be able to obtain a mark due to your logo, but it is not the best approach. You should strive to come-up with a unique name for your company and/or... View More

1 Answer | Asked in Contracts, Business Law, Intellectual Property and Trademark for New Jersey on
Q: I am a wellness consulting company and I would like to know what are the basic terms outlined in a business contract?

I am a small business wellness consulting company providing services to non-profit and health care organizations and I would like to know what terms should be included in my contracts? Additionally, are there any pro-bono resources that can assist with this? Thank you!

Robert Kost
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Robert Kost
answered on May 2, 2022

You can begin to understand the basic components of a contract here:

https://www.contractstandards.com/public#contracts

Choosing among clauses, authoring the right clauses, and assembling a contract that makes sense for you is the job of an attorney. It is a skill and an art, and...
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1 Answer | Asked in Trademark for New Jersey on
Q: Why is my trademark cancelled?
Thomas James
Thomas James
answered on Feb 21, 2022

In the United States, cancellation could happen for a variety of reasons. The most common ones are (1) Failure to renew it; (2) Failure to file an statement of use after filing an intent-to-use application; (3) Non-use at the time of the application (where the application was based on an existing... View More

1 Answer | Asked in Trademark for New Jersey on
Q: change / transfer ownership of a trademark
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 19, 2022

Trademarks are "owned" as intangible property by the person or business using them in commerce to identify the source of the goods or services. If the trademark owner sells its business, the trademark rights are generally transferred to the buyer as "goodwill" along with the... View More

2 Answers | Asked in Trademark for New Jersey on
Q: Is there a way to get in touch with and purchase rights to a trademarked image?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 22, 2021

Check with the registered owner in the database.

Consult with an attorney.

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2 Answers | Asked in Trademark for New Jersey on
Q: Hello, when I search here, if there is no registered trademark, can I use that word for my t shirt selling? Thanks!
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2021

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... View More

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2 Answers | Asked in Trademark for New Jersey on
Q: This trademark expired because the owner forgot to renew it I’m a member of the Last Chance MC club and we would like

To renew and transfer the trademark.

What can I do to accomplish this

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 12, 2021

You need to consult with an attorney and file a new application

Best luck!

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3 Answers | Asked in Trademark for New Jersey on
Q: Can others use our company name if we are trademarked?
Evelyn Suero
Evelyn Suero
answered on Apr 5, 2021

Once you use a mark as a trademark for your goods or services, others cannot use the same or related trademark for the same or related class of goods or services. Registering your trademark provides additional benefits. Consult with a trademark attorney for specific information.

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1 Answer | Asked in Contracts, Copyright, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I have a pillow Design that describes similar to the "neck pillow "but my description and purpose are slightly different

Do I require a patent, and or would I' be infringing on neck pillow patent. & can my design and purpose be protected as an IP 2B sold or licensed out?

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 15, 2021

Whether you infringe and whether you need a patent are two different subjects.

With regards to infringing of a patent of another product you need to see a patent attorney, who will provide you with a non-infringement opinion. The patent attorney will take a look at your product and at the...
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2 Answers | Asked in Patents (Intellectual Property) and Trademark for New Jersey on
Q: Can I Use the Name Metropawz if there is no trademark or patent on that name but there is one for Metropaws.

I have a online store that was created with the name Metropaws. It was originally going to use the Metropawz but I told them to change it not knowing MetroPaws was trademarked and taken already. So a few weeks later I get contacted by the owners of Metropaws telling me to comply and that I can not... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 18, 2020

So, you want to use Metropawz but Metropaws is already registered. If so, and you are in a similar line of business, then you likely would be infringing their mark, because it is confusingly similar.

If, on the other hand, the Metropaws trademark holder is in services for pet waste...
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1 Answer | Asked in Copyright and Trademark for New Jersey on
Q: I have a youtube channel called VossWaterKim, do you think if I get bigger I'll have an incoming copyright strike?
Steve Charles Vondran
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answered on Oct 29, 2020

hard to say. I would ask, what are you trying to accomplish? Maybe you can come up with something unique?

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