N.J. Admin. Code § 17:35-4.4

Current through Register Vol. 57, No. 1, January 6, 2025

Section 17:35-4.4 - Mark review/rejection criteria and applicant appeals

(a) This section is intended to clarify basic review/rejection criteria and the circumstances that may trigger appeals by persons seeking to file documents with the Treasurer, State of New Jersey. Nothing stated here is intended to restrict repeal rights or the broader powers of review and administrative action delegated to the Treasurer under N.J.S.A. 56:3-13.1 et seq.

(b) The Treasurer shall review all filing applications for the inclusion of the mandatory information elements and fees listed in the applicable sections of this subchapter, that is:

1. Original registration application--see N.J.A.C. 17:35-4.2;

2. Renewal application--see N.J.A.C. 17:35-4.3(a);

3. Assignment application--see N.J.A.C. 17:35-4.3(b);

4. Renewal application--see N.J.A.C. 17:35-4.3(a);

5. Assignment application--see N.J.A.C. 17:35-4.3(b);

6. Amendment application--see N.J.A.C. 17:35-4.3(c);

7. Cancellation application--see N.J.A.C. 17:35-4.3(d); and

8. Fees--see N.J.A.C. 17:35-4.6.

(c) Any application that is missing mandatory information elements and/or fees shall be rejected and returned for correction. Rejections for missing information or fees are not considered final and therefore should not result in any form of appeal.

(d) For original and renewal applications, the Treasurer will review the State's Trade Name and Trade Mark/Service Mark data bases to identify possible conflicts (that is, cases in which the proposed mark is duplicative of an active trade name, trademark, or service mark). Any application containing a mark that is duplicative of an active trade name, trademark, or service mark shall be rejected and returned to the applicant along with a listing of the duplicative name(s).

(e) Applicants may resubmit an application rejected for a name conflict. The resubmission shall be accompanied with written arguments and evidence that the names listed in the rejection notice are either abandoned or dissolved, or are not likely to cause confusion, mistakes or deception, under the meanings supplied in N.J.S.A. 56:3. The Treasurer may:

1. Reject the resubmission and request additional information, setting a time frame for response. Should the applicant fail to respond within the time frame, the application shall be considered abandoned; or

2. Reject the application with notice that the rejection is final.

(f) If the Treasurer denies a request for reconsideration of a decision refusing registration or renewal of registration of a trademark, denies a request for cancellation of a trademark, or denies a petition for voidance of a trademark, the petitioner may appeal that determination. Such appeal shall be pursuant to the procedures set forth in N.J.S.A. 56:3-1a(4), (5) and (6).

N.J. Admin. Code § 17:35-4.4

Amended by R.2003 d.361, effective 9/15/2003.
See: 35 New Jersey Register 2411(b), 35 New Jersey Register 4296(a).
Amended N.J.A.C. references throughout.