New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES
Subchapter 4 - TRADE/SERVICE MARKS
Section 17:35-4.1 - Definitions

Universal Citation: NJ Admin Code 17:35-4.1
Current through Register Vol. 56, No. 18, September 16, 2024

The words and terms used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise:

"Applicant" means the person filing an application under this subchapter, and the legal representatives, successors or assigns of that person.

"Filing Office" means the Department of the Treasury, Division of Revenue and Enterprise Services.

"Mark" means any trademark or service mark entitled to registration under this subchapter, whether registered or not.

"Owner" means a person who has legal rights to a mark either as a result of registration or at common law.

"Person" means a natural person, and also includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law.

"Registrant" means the person to whom the registration of a mark under this subchapter is issued, and the legal representatives, successors, or assigns of that person.

"Service mark" means any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the services of one person, including a unique service, from the services of others, and to indicate the source of services, even if that source is unknown. Service mark includes titles, character names used by a person, and other distinctive features of radio or television programs, notwithstanding that they, or the programs, advertise the goods of the sponsor.

"Trade name" means any name used by a person to identify a business or vocation of the person.

"Trademark" means any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the goods of the person, including a unique product, from those manufactured and sold by others, and to indicate the source of the goods, even if that source is unknown.

"Treasurer" means the Treasurer, State of New Jersey or the designee of the Treasurer charged with the administration of this subchapter.

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