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New Jersey Trademark Questions & Answers
3 Answers | Asked in Entertainment / Sports, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I have a LLC for 'clothing'. Do I need an additional LLC to trademark the same name for 'Entertainment' purposes?

Do I need two separate LLC's. When filing trademark should it be under the LLC or me as individual?

Peter D. Mlynek
Peter D. Mlynek answered on Oct 25, 2020

No, you can one LLC for both your clothing line and your entertainment line.

However, you should get your federal trademark in two classes, one class for your clothing products, and one class for your entertainment products.

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1 Answer | Asked in Trademark for New Jersey on
Q: Trademarking a name for my CLOTHING COMPANY, however a local BEER COMPANY the name TM'ed for a SINGULAR BEER?

I have done some research and cant figure it out!

So, I started this clothing company named after my areas ZIP Code. People love the area and enjoy local goods. Here is my situation:

Each county in New Jersey has a specific ZIP code and the towns within it also have a specific... Read more »

John B. Hudak
John B. Hudak answered on Aug 14, 2020

Consider a consultation with a trademark attorney. There are specific issues related to trademarks when the geographic origin is part of the trademark.

Generally, trademark infringement is found when there is likelihood of confusion related to: (1) the similarity of the marks; and (2)...
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2 Answers | Asked in Copyright and Trademark for New Jersey on
Q: if a word Marke is in CANCELLED SEC. 8 (6-YR) Can one apply Word Mark trademark?

I trying to open a company but the the brand name or word mark was trademarked how ever its in CANCELLED SEC. 8 (6-YR) can I now register my name?

Evelyn Suero
Evelyn Suero answered on Jul 6, 2020

The Cancelled Sec. 8 status refers to a trademark registrant who has failed to file renewal of the trademark registration. It does not mean that the registrant stopped actually using the mark nor that some other user is not using the trademark in commerce. Such users would still have common law... Read more »

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1 Answer | Asked in Copyright and Trademark for New Jersey on
Q: Copyright/trademark rights.

My son built a kart that he was killed in. The kart was sold for scraps. I am starting a foundation of which images and logo of said kart will be created and used along with two phrases he would often use. I would like to have them trademarked/copyrights yet not sure if my sons wife would have any... Read more »

John B. Hudak
John B. Hudak answered on Jun 22, 2020

Sorry for your loss -- my condolences.

This is a more unique situation than others related to trademark and copyright. The intellectual property is related to a person. There are specific issues related to trademarks for surnames. There is also the issue of right to publicity (or right...
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3 Answers | Asked in Trademark for New Jersey on
Q: Do I need to defend my trademark against products of a different class?

I have a trademark, un-stylized, for a name for my product. I have seen others use the name for their product in unrelated items (mine is clothing accessories, theirs is fabric-related, but not clothing). Do I need to send a cease and desist and/or name licensing agreement to defend my trademark?

Bill Hulsey
Bill Hulsey answered on May 13, 2020

Perhaps. The questions is whether a likelihood of confusion exists. The analysis starts here.

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3 Answers | Asked in Business Formation, Business Law and Trademark for New Jersey on
Q: What are the steps to ensure my business name is secure?

I’m in the works of a clothing business and want to know what steps I need to take in order for the name to be secure? I want the brand name safe from being taken. Also curious if there’s a way to copyright it, or whatever the proper terminology is, before launching the business?

Barbara Berschler
Barbara Berschler answered on May 7, 2020

If the word you use for your company's name is also the trademark/brand you want to protect, that can be done by filing an Intent to Use trademark application with the USPTO. This kind of application can be filed before you open for business. It is a way to put down a "tap tap... Read more »

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1 Answer | Asked in Trademark for New Jersey on
Q: besides the govt fees what can i expect to pay ( ballpark) for trademark serives from a ltrademark attorney?
Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 20, 2020

Will depend on the attorney and complexity of your case.

You should budget at least $1,000 to $2,000.

Contact an attorney for more details.

3 Answers | Asked in Business Law, Business Formation, Intellectual Property and Trademark for New Jersey on
Q: Can a company use a different name than their registered business name in their advertising?

2 companies, same NJ town, similar names (names changed for privacy).

Company #1 - XYZ Electric. They hold both Electricians & Home Improvement Contractors license under the name XYZ Electric. They don't have a registered DBA. Co #1 was in business before co #2.

Company #2... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 21, 2020

If company 2 trademark is not registered with state or USPTO then you’re likely out of luck because the marks practically need to be identical. If it is registered then it obviously bodes well for co2. With that being said, there are a lot of grey areas in the law and speaking with an attorney... Read more »

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1 Answer | Asked in Copyright and Trademark for New Jersey on
Q: SN:88563312 SN:88559161 SN:85965641 if i come up with different name & color + add edits can i use tillie?
Robyn T. Williams
Robyn T. Williams answered on Feb 16, 2020

SN:88563312 SN:88559161 make no claim to color, so adding color would not matter in regards to using Tillie. SN:85965641 claims color, but has other design elements. Whether or not you can use a mark warrants an involved discussion. Call the office for a consultation.

Robyn T. Williams...
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Q: Do I have a legal right to my registered trade name in my county where my trade name is registered? To prevent anyone

I need to know if I have legal right to prevent anyone from using my trade name? I sold my business but never sold the trade name for the business what are my rights for my trade name?

Tania Maria Williams
Tania Maria Williams answered on Feb 4, 2020

Usually, in the sale of a business, the sale agreement includes the goodwill of the business and its name. Your rights in the name will depend on what the agreement says as to ownership of the name. If, in fact, you did not sell the name, then your rights are dependent on how you are currently... Read more »

1 Answer | Asked in Trademark for New Jersey on
Q: How do I revive my trademark?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 25, 2019

Depends on where you filed, how you filed and how long it has been abandoned.

Most likely you would need to start from zero, with a new application.

Be aware that somebody may be using it or may have registered it while you let it abandon.

you may have some common law rights...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New Jersey on
Q: I like to purchase this trademark!
Leonard R. Boyer
Leonard R. Boyer answered on Nov 27, 2019

If the owner is willing to sell the Trademark, you can do so, but to insure everything is done correctly, then you must retain an experienced IP attorney.

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1 Answer | Asked in Business Law, Trademark and Intellectual Property for New Jersey on
Q: Can I add “services” at the end of my business name to eliminate I fringement?

I realized there is a business with a similar name as me. (They had it first). If I amend my business name to add “services” at the end will this suffice? Or is there still room for a cease and desist letter to be sent to me?

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 12, 2019

The standard for infringement is the likelihood of confusion. So, your assumption is correct. There is room.

1 Answer | Asked in Intellectual Property and Trademark for New Jersey on
Q: Am I obligated to respond to a company’s request for assistance after they infringed on my trademark?

A company was infringing on my registered trademark and I reported it to the marketplace they were using. All of their items were removed (including items not related to my TM). They have emailed and called requesting that I rescind my complaint so that they can begin selling the non-infringing... Read more »

Griffin Klema
Griffin Klema answered on Jan 16, 2019

The answer probably depends on the marketplaces' merchant terms. Absent any contract between you and the infringer, the answer is probably no.

1 Answer | Asked in Trademark for New Jersey on
Q: How Do renew my trademark?
John Martin Hilla
John Martin Hilla answered on Jan 15, 2019

You need to file a Renewal of Trademark with the USPTO, which requires further data, images, and a fee. This has to be done every 10 years.

You must also file periodically Declarations of Use, which detail what you are selling in interstate commerce, along with further specimens or...
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1 Answer | Asked in Trademark for New Jersey on
Q: I need help from a trademark attorney

Under Trademark registration numbers - 0627275 and 063059 does Kittritch brand have ownership of the word Contact? or just the word (their brand) Con-tact? Kittrich sells contact paper under the brand name Con-tact. I purchase and sell contact paper under a different name. Now Kittrich is using... Read more »

Emmanuel Coffy
Emmanuel Coffy answered on Dec 24, 2018

I could not get access to the USPTO files with the registration numbers you provided. be that as it may, your mark namely, contact is confusingly similar to con-tact. If you are in the same market space then there definitely is an issue. You should contact a trademark attorney to review the matter... Read more »

1 Answer | Asked in Trademark for New Jersey on
Q: I want to use "Seal Team" as part of my business name, I see its trademarked by the US Navy, can i use it

It is also used for TV shows, it will be part of a name

Guvenc Acarkan
Guvenc Acarkan answered on Nov 17, 2018

Depends on what type of product or services you want to offer under the name. If you want to use it under one of the specified goods and services that is already registered with USPTO then you cannot register that trademark. The answer to your question depends on the facts surrounding your case, it... Read more »

1 Answer | Asked in Intellectual Property and Trademark for New Jersey on
Q: trademarks question

If i have a LLC in NJ and its called 123abc, can someone trademark it and steal it from me? the business does work globally.

would i be able to win the trademark back? Should I be safe and get it now?

Nyasha A. West
Nyasha A. West answered on Aug 10, 2018

Because your use of 123bc pre-dates any future trademark filings of the same name, the individual or company attempting to register the mark would not be able to sue you for infringement.

Further, the filing of a trademark application requires evidence of the mark’s use in commerce....
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1 Answer | Asked in Copyright and Trademark for New Jersey on
Q: is the phrase "not all superheroes wear capes" trademarked? If not can I legally trademark it and if so can I use it?

I am currently trying to start a non-profit and wanted to use the term as the slogan for my non-profit.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 19, 2018

Maybe either you have to check yourself or hire a lawyer to do it for you. Using someone elses copyright can lead to a lawsuit and severe monetary penalties.

1 Answer | Asked in Trademark for New Jersey on
Q: I want to trademark a certain name in NJ, but it is already registered in TX.

Does this pose a problem?

Benton R Patterson III
Benton R Patterson III answered on Feb 13, 2018

It could possibly present a problem. A trademark attorney would need to perform a trademark search to determine the scope of the other company's mark.

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