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New Jersey Trademark Attorney

Understanding Trademarks

A trademark serves as a distinctive identifier for a brand, attaching it to a product or service. It could be a word, logo, phrase, symbol, or a combination thereof, connecting the product or service with its source. This association forms the essence of trademark law, aiming to prevent consumer confusion in the market.

What Can Be Trademarked?

  • Business name
  • Logo
  • Domain name
  • Slogans

What Cannot Be Trademarked?

  • Personal names (unless with a secondary meaning)
  • Descriptive or generic words
  • Place names

Trademark acquisition can occur through state registration, federal registration, or common law use. Registering with the United States Patent and Trademark Office (USPTO) offers significant benefits, providing the best protection against infringers.

Choose Your Trademark Wisely

Selecting a mark that consumers can easily distinguish is crucial. The more distinctive the mark, the stronger the protection it offers. For instance, while a descriptive mark like "zipper bag on wheels" lacks protection, a distinct mark like "Samsonite" enjoys robust trademark rights.

Types of Trademarks:

  • Product Marks (Trademarks): Identifies a product in the marketplace, representing the company's stamp on its goods.
  • Service Marks: Similar to trademarks but for services, such as brand names, slogans, and logos.
  • Strong vs. Weak Trademarks: Strong marks offer immediate protection, while weak marks cover only certain aspects of goods.

Trademark rights are not perpetual. Owners must demonstrate actual use of the mark in commerce to maintain registration.

The Trademark Process

  • Trademark Search: Determines whether conflicting marks exist.
  • Preparation & Filing Trademark Application: Attorney prepares and files the application.
  • Trademark Examination & Publication: Application undergoes examination and is published for objections.
  • Statement of Use & Registration: If unopposed, the application proceeds to registration.
  • Renewal Fees After Registration: Periodic renewal and continued use affidavits are required to maintain registration.

Schedule a Free Consultation

Ensure your trademark interests are protected. Contact our New Jersey office today to schedule a complimentary consultation with one of our experienced trademark attorneys. We are dedicated to safeguarding your brand and guiding you through the trademark process with expertise and care.

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