How to Register a Trademark in New Jersey
Introduction
In this article, we will discuss how to register a trademark in New Jersey. Registering a trademark in New Jersey is a simple and straightforward process. It involves completing an application with the state’s Secretary of State’s office, paying a fee, and receiving approval. Once your trademark is approved, it will be published in the Trademark Official Gazette. You’ll be able to use it on goods or services that are sold throughout New Jersey.
Why Register a Trademark
Trademark registration protects words, logos, slogans, and more. If you register your brand name with the state of New Jersey or the federal government, it means your trademark is protected against anyone else using it without permission.
It’s important to note that trademark registration is not required by law. However if you do file for a trademark with the state of New Jersey or with the federal government (as opposed to just doing business under a certain name), then it makes sense that others would be less likely to steal something from you because they wouldn’t want their own brands associated with something unauthorized by someone else.
Register a Trademark in New Jersey
Before you register with the state, it’s important to know about the other steps you’ll need to follow.
The first step is to file an application for registration with the USPTO. This process can take up to six months. Be sure to plan ahead if you’re looking for immediate protection of your brand name or logo.
After filing for federal trademark protection and receiving approval from the USPTO, you’re ready to register your trademark in New Jersey—but only after paying an additional fee of $400 per class ($200 per class if filing electronically).
File your Trademark Online
You can file your trademark registration online, by mail, fax, or by phone.
You can file online and download the form from the USPTO website, or you may print out a blank application at home. Once you have completed the information on this form and have attached any required documentation (such as copies of your business cards), send it by mail along with payment in the appropriate amount.
Provide Information
The first step in the trademark registration process is submitting an application to the USPTO. This can be done electronically and involves providing information about the type of entity you run, a description of the goods or services you want to protect, and other data about your company. You’ll also need to provide a drawing of your logo for use on any products that include it.
To complete this step, you will need:
- A completed application form;
- The $325 filing fee;
- A copy of your business name as it appears on all products (for example, if you have a company called “XYZ,” but sell products under “ABC” then send proof with both names);
- Information identifying yourself (like social security number);
- Your current address so that citations can be mailed there in case someone else has already registered your trademark before (keep in mind that this does not mean they own it).
Pay the Filing Fee
When you file your trademark application, you’ll need to pay a fee. The amount of the fee depends on the number of classes you’re applying for.
For example, if you’re filing an application covering goods and services from Class 1 (basic necessities) through Class 9 (computer software), your total fee would be $300. If you want to cover goods in Classes 21-24 (education), 28-35 (medical equipment), 39-41 (research and development), 42-44 (manufacturing), 46-49 (mining industry) and 50-53 (miscellaneous business services) as well as services from Class 41 through 44, that would cost another $400.
The filing fees are nonrefundable, so be sure that this is what you want before submitting your payment information! Fees must be paid using U.S.-dollar currency via credit card or electronic funds transfer; checks cannot be accepted by the USPTO at this time.
Application Review
Once you’ve completed your application, it will be reviewed by staff from the New Jersey Secretary of State’s Office. If any changes need to be made before your application can proceed, we’ll contact you first by email or phone. If there are no issues with your application, it will be filed and published in the Trademark Journal when we receive payment for these services.
Response from the Examiner
If you’ve applied for a standard mark, you’ll receive an acceptance or rejection letter. A rejection letter will explain why the application was rejected. If your application is denied, you can file an appeal within six months of the date on the decision letter. Appeals are filed online and must include proof that there were extenuating circumstances for not filing your trademark within 30 days of first use in commerce (or within five years if you’re registering as “intent to use”).
Respond to Office Actions
You can appeal a decision if you believe it was made in error.
- File an appeal with the Trademark Trial and Appeal Board within six months of receiving your rejection letter. You’ll need to submit a petition for review, along with $400 (or $200 if you’re a startup).
- If that doesn’t work, your next step is to file an appeal with the federal court of appeals for the circuit where your mark was registered. You’ll need to submit another $400 fee, plus pay for transcripts of any previous proceedings before filing this appeal.
Takeaway
It’s not as complicated as it sounds to register a trademark in New Jersey.
You can do it online, and the process is simple. There are three different types of trademark registration:
- Trademark application form (online)
- Trademark filing fee (check or money order)
- Trademark checklist (printable PDFs)
The staff from the New Jersey Secretary of State’s Office reviews your application to make sure all the information is correct and complete, including any proof that you own rights in your mark or slogan before submitting your application.
Conclusion
It may seem complicated, but it’s not that hard to register a trademark in New Jersey. You’ll need to provide some basic information about your business and pay a fee. The only other thing you need to do is wait for your application to be approved by the state office. Once your mark is registered, it will be protected from any use by other organizations or individuals who might try to copy it for their own purposes.
