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New Jersey Trademark Questions & Answers
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... Read 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
Steve Charles Vondran 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?

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 »

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