New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 35 - DIVISION OF REVENUE AND ENTERPRISE SERVICES
Subchapter 4 - TRADE/SERVICE MARKS
Section 17:35-4.2 - Mark registration

Universal Citation: NJ Admin Code 17:35-4.2

Current through Register Vol. 56, No. 18, September 16, 2024

(a) A person or business may register trade or service marks by:

1. Submitting a type-written or machine-printed application, or an electronic application in a form acceptable to the Filing Office, along with a $ 50.00 paper or, where applicable, electronic check made payable to the Treasurer, State of New Jersey, with mailings directed to the Trade/Service Mark Section, Division of Revenue and Enterprise Services, (PO Box 453, Trenton, NJ 08646-0453). The application must include the following information:
i. A statement of purpose (for example, Original Application to Register a Mark pursuant to N.J.S.A. 56);

ii. The type of mark (an application may be for a trademark or service mark, not both);

iii. The name and description of the mark;

iv. The name and business address of person applying for the mark, and if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners;

v. If applicable, the name and address of the party to whom ownership of the mark is assigned;

vi. The goods or services involved and the classification within which the goods or services fall (see 17:35-4.5 for information on classification);

vii. The date the mark was first used anywhere and/or the date when it was first used in this State, by the applicant or predecessor in interest;

viii. A statement of ownership and use conforming to N.J.S.A. 56:3-3.3(d) such as: "The applicant attests that he or she is the owner of the mark, that the mark is in use, and that, to his or her knowledge, no other person has registered the mark, either with the U.S. Patent and Trademark Office or with the State Treasurer, or has the right to use the mark or a mark in such near resemblance as to be likely, when used on or in connection with the goods or services of such other person, to cause confusion, or to cause mistake, or to deceive";

ix. The verified signature of the applicant and assignee (if applicable) attesting to the truthfulness of the information in the application (verification may be by oath or affirmation); and

x. The date of signature.

2. The application must be accompanied by a drawing of the mark and three specimens showing the mark as actually used.

(b) Upon acceptance of the mark, the Filing Office will send a certificate of registration to the applicant. The certificate will list the name of the mark, an identification number, ownership information, and registration period (term) of the mark. The registration period is five years. Registrations may be renewed for subsequent five-year periods. Registrations also may be canceled, assigned or amended.

1. A good or service may fall within multiple classifications; therefore, a single application may include any and all classes to which the good or service belongs. For each additional class listed (that is, beyond the first class), there will be a charge of $ 50.00. For example, if an application for a mark lists three classes, the total filing fee will be $ 150.00--$ 50.00 base fee plus $ 50.00 for the two additional classes.

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