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New Jersey Trademark Questions & Answers
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
PREMIUM
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 PRO label
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.

1 Answer | Asked in Trademark for New Jersey on
Q: BETTER YOUR BEST seems to be Trademarked. We have logo&brand rolling out- BYB Better Your Best..is this Infringement
Benton R Patterson III
Benton R Patterson III
answered on Jan 2, 2018

Possibly, it depends on what type of business you are in and what type of business the trademark owner is in. It also matters when you both began using the phrase as a trademark. I recommend speaking with a trademark attorney in a confidential consultation to determine whether you are committing... Read more »

1 Answer | Asked in Trademark for New Jersey on
Q: I want to trademark a name to cover both a product & the unique means of providing it. Apply as Product? Service? Both?
Benton R Patterson III
Benton R Patterson III
answered on Nov 3, 2017

A trademark registration can potentially cover both a product and a method for using a product, assuming you use the mark in connection with both in interstate commerce. You should speak with a trademark attorney to determine whether the potential trademark can cover both applications and what the... Read more »

2 Answers | Asked in Copyright and Trademark for New Jersey on
Q: we're a brewery. if someone else trademarked our Company name, could they force us to pay them or stop using it?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Oct 2, 2017

Anyone can sue you, the question is can they win. In this case many pieces of information would need to be determined to tell if you would win or lose, including but not limited to when you started to use the name, when they started, date of trademark, was the name used continuously etc, etc. Get... Read more »

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1 Answer | Asked in Trademark for New Jersey on
Q: Can I try to buy a trademark due to "602 - Abandoned-Failure To Respond Or Late Response"?

If it is possible how would one go about doing so?

Michael Gerity
Michael Gerity
answered on Sep 7, 2017

It sounds as though you are referring to a trademark application filed by somebody else, which then became abandoned when the applicant failed to respond to an office action. (Obviously I have to make a lot of assumptions here.)

The first problem with "buying" a trademark that...
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1 Answer | Asked in Trademark for New Jersey on
Q: Can I trademark 'starceleste' (1 word) if there is a trademark on 'celeste star' (2 words) and both r palm readers?
William N. Sosis
William N. Sosis
answered on Mar 26, 2017

If you've conducted a proper search and have verified that there's a difference then yes. Otherwise, you may be overlooking a potential trademark infringement. You can contact me for a free phone consultation.

1 Answer | Asked in Copyright and Trademark for New Jersey on
Q: I live in the United States. I sell a fitness product and I offer a free silicone bracelet with it.

On this silicone bracelet I want to put the cancer awareness ribbon? Is that copy right infringement?

Will Blackton
Will Blackton
answered on Mar 14, 2017

Google "cancer ribbon trademark suit Komen." Copyright law isn't really your concern here, trademark infringement is. The Komen Foundation has previously sued other nonprofits for trademark infringement regarding their pink cancer ribbon.

1 Answer | Asked in Trademark for New Jersey on
Q: I have a registered trademark. Am I limited to using it only for the services listed on my trademark registration listin

My trademark is Gurlie Locks. I am branching out to other items and was hoping to be able to brand them as Gurlie Locks since I own the name. Thanks!

Donovan A Rodriques
Donovan A Rodriques
answered on Feb 16, 2017

You may start using your trademark for the new services, provided that no one else is using the mark in your geographic area for similar services. You may then file a new application to add a new class of goods and services. You would also pay an additional application fee.

The materials...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I'm developing an early childhood education program and am not sure if I should copywrite, trademark, or patent it.
Peter D. Mlynek
Peter D. Mlynek
answered on Nov 30, 2016

Dear fellow New Jersian --

Under the US laws, there are 4 broad types of work protection:

(1) PATENTS, that protect inventions (new things, new way of doing things);

(2) TRADEMARKS, that protect names and symbols;

(3) COPYRIGHT, that protects an expression; and...
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