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New Jersey Trademark Questions & Answers
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
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... Read 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
PREMIUM
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... Read 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... Read 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
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... Read 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... 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...
Read more »

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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
PREMIUM
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
PREMIUM
Bill Hulsey PRO label
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.

www.legalbizglobal.com

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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