N.J. Admin. Code § 17:35-4.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 17:35-4.3 - Mark life-cycle management

(a) An owner of a registered mark may renew, assign, amend, or cancel the mark. Procedures for these life cycle management actions are as follows:

1. An owner may renew a mark by:

i. Submitting a type-written or machine-printed application, or 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 may be submitted any time within six months prior to the expiration of the registration period. The application shall include the following information:

(1) A statement of purpose (for example, Renewal of a Registered Mark pursuant to N.J.S.A. 56);

(2) The trademark/service mark identification number as assigned by the Filing Office listed on the Certificate of Registration;

(3) The classification within which the goods or services fall (see N.J.A.C. 17:35-4.5 for information on classification);

(4) The name and business address of the owner (owner name on application must match owner name shown on the Filing Office's records; owner address on application may be different; the Filing Office will enter the new address as part of the renewal transaction);

(5) If applicable, the name and address of the party to whom ownership of the mark is assigned;

(6) A verified statement of continued use conforming to N.J.S.A. 56:3-3.5 such as: "The applicant attests that the mark has been and still is in use";

(7) The signature of the owner and assignee (if applicable); and

(8) The date of signature.

ii. The application shall be accompanied by a specimen showing the mark as actually used.

iii. The renewed registration period is five years. Registrations may be renewed for subsequent five year periods.

iv. 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 each for the two additional classes.

v. A renewal application shall not include alterations to the mark name or drawings/facsimiles associated with the original registration. A new registration application shall be submitted if changes to any of these elements occur.

2. An owner may assign ownership of a mark to another person or business entity by:

i. Submitting a type-written or machine-printed application, or 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). As noted, assignments may also be filed as part of the new (original) mark registration process or as part of the renewal process (see N.J.A.C. 17:35-4.2 and 4.3(a)). The application shall include the following information:

(1) A statement of purpose (for example, Assignment of a Registered Mark pursuant to N.J.S.A. 56);

(2) The trademark/service mark identification number as assigned by the Filing Office and listed on the certificate of registration;

(3) The name and business address of the owner (owner name/address shown on the Filing Office's records);

(4) The name and address of the party to whom ownership of the mark is assigned;

(5) The signatures of the owner and assignee; and

(6) The date of signature.

ii. An assignment application shall not be used to change and/or add mark classifications. The amendment process shall be used for this purpose (see N.J.A.C. 17:35-4.3(b) ). Further, an assignment application shall not include alterations to the mark name or drawings/facsimiles associated with the original registration. A new registration application shall be submitted if changes to any of these elements occur.

3. An owner may amend a registered mark to reflect updated information pertaining to: the owner's name (that is, to reflect owner's new name, not an assignment); owner's address; and mark classification (add or delete). All three amendment types may be incorporated in a single amendment application. An amendment shall not include alterations to the mark name or drawings/facsimiles associated with the original application. A new registration application shall be submitted if changes to any of these elements occur. The owner may obtain an amendment by:

i. Submitting a type-written or machine-printed application, or 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 shall include the following information:

(1) A statement of purpose (for example, Assignment of a Registered Mark pursuant to N.J.S.A. 56);

(2) The trademark/service mark identification number as assigned by the Treasurer and listed on the certificate of registration;

(3) The name and business address of the owner (owner name/address on application must match owner name/address shown on the Filing Office's records);

(4) The type of change (name change, address change and/or classification change);

(5) Details (for example, new name/address spelled-out or instructions to add/delete classification);

(6) The owner's signature; and

(7) The date of signature.

ii. An amendment may add more than one new classification for the mark. For each additional class, there will be a charge of $ 50.00. For example, if the amendment application lists three new classes, the total filing fee will be $ 150.00--$ 50.00 base fee plus $ 50.00 each for the two additional classes.

4. An owner may cancel a registered mark by:

i. Submitting a type-written or machine-printed application, or 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 shall include the following information:

(1) A statement of purpose (for example, Cancellation of a Registered Mark pursuant to N.J.S.A. 56);

(2) The trademark/service mark identification number as assigned by the Filing Office and listed on the certificate of registration;

(3) The name and business address of the owner (owner name/address on application must match owner name/address shown on the Filing Office's records);

(4) A request to cancel the mark;

(5) The owner's signature; and

(6) The date of signature.

N.J. Admin. Code § 17:35-4.3

Amended by 48 N.J.R. 1700(a), effective 8/15/2016