Trademark Protection in New Jersey
When people create their own good or service, it might be recognized or famous for a certain word, name, symbol, sound, or device. When this happens, the owner of that good or service may wish to protect that and ensure that it is theirs only to use. This can be done by pursuing trademark protection. Trademark protection can help individuals prevent others from using their staple for a different purpose and pursue legal action to hold others accountable if they do. Individuals who wish to pursue trademark protection should consult with an experienced attorney.
In order to obtain a trademark, one must fill out any necessary paperwork and file in with the United States Patent and Trademark Office. The Office will grant the individual national coverage as long as the trademark is not opposed. The matter of Global protection is different from national coverage. Global protection is a more complicated process, as other countries have the right to grant or deny protection within their own borders. If a country does not grant an individual protection of a trademark, it may affect a business if another business within that country uses the same one.
As stated previously, the first step in receiving trademark protection is by filing an application. Many applications are filed, therefore it takes time for the U.S. Patent and Trademark Office to start the process of examining an application. The examining attorney will communicate with the individual’s attorney through an “office action” to share any thoughts or opinions. Majority of the time trademark requests are granted, sometimes with a few adjustments made. The applicant is allowed 6 months to provide a response if they have any issues with the trademark.
The next step in obtaining the trademark is “publication for opposition.” Once the application is approved, the Office will publish the trademark in the official gazette. This gives the public 30 days to present any opposition towards the trademark. If there are no delays or oppositions, an official Notice of Allowance will be issued by the Office and a Statement of Use will be filed. Once the trademark certificate is received, the protection is finally in effect.
In 1946, the Lanham Act established registers for trademarks in order to help businesses protect their intellectual property. There are two registers that trademarks can be listed under:
- Principal Register: For trademarks that take on a second meaning over time. With this register, a trademark has constructive use and constructive notice. This means other people cannot use similar marks for their businesses.
- Supplemental Register: This requires that your trademark can distinguish your goods or services from another’s. With this register, individuals are not given any rights besides common law. It does not have opposition proceedings but the protection can be canceled by the court at any notice.
Contact our Firm
If you wish to obtain trademark protection, contact The Law Offices of Richard E. Novak, LLC. today.
The Law Offices of Richard E. Novak, LLC has over 25 years of experience helping clients through tough times when they need it most. If you need assistance with any intellectual property, traffic violations, or business law matters, our firm is here to help. It is critical that you pick the right attorney who can protect your rights. Contact The Law Offices of Richard E. Novak, LLC for a consultation.