A New Jersey Trademark, Service Mark, and Right of Publicity Agreement are legal contracts that govern the use and protection of intellectual property rights in the state of New Jersey. These agreements are designed to safeguard the interests of trademark owners, service providers, and individuals seeking to protect their rights to use their own name or likeness for commercial purposes. 1. Trademark Agreement: A New Jersey Trademark Agreement is a legal document that provides protection to a distinctive word, phrase, symbol, design, or logo that identifies and distinguishes the source of a product or service. This agreement clearly defines the registered trademark and grants the rights to its owner to use and protect it against any unauthorized use or infringement. 2. Service Mark Agreement: Similarly, a New Jersey Service Mark Agreement is a contract that specifically protects a unique symbol, design, word, phrase, or combination thereof used to identify and distinguish the services of one party from others. This agreement grants the owner the exclusive right to use the service mark for their services and prevents others from using a similar or confusingly similar mark in the same industry or field. 3. Right of Publicity Agreement: A New Jersey Right of Publicity Agreement deals with the rights of individuals to control and commercialize their own name, image, likeness, voice, or other identifiable features for commercial purposes. This agreement ensures that individuals maintain control over the use of their personal brand and prevents unauthorized entities from exploiting their name or likeness without their consent. It is important to note that these agreements can vary based on specific needs and circumstances. For instance, a licensee (a party granted permission to use a trademark or service mark) may enter into a licensing agreement with the trademark owner, specifying the terms and conditions of use. Similarly, influential individuals or public figures may require more comprehensive agreements to protect their right of publicity, given the potential for broader commercial opportunities. Overall, a New Jersey Trademark, Service Mark, and Right of Publicity Agreement play vital roles in securing and managing intellectual property rights, preventing unauthorized use, and providing legal recourse in case of infringement. It is advisable to consult with a qualified attorney experienced in intellectual property law to draft or review these agreements and ensure compliance with New Jersey state regulations.
New Jersey Trademark, Service Mark and Right of Publicity Agreement
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If your company sells an item or multiple items, you'd need to trademark the mark used to represent the business. If you have a company that provides a service, focus on the service mark. Using TM in your mark represents trademark and SM represents service mark. Neither holds any legal significance.
The Bottom Line. A service mark is a brand name or logo that identifies a business. Service marks can consist of words, phrases, symbols, designs, or some combination of these elements, which are all a form of intellectual property. Service marks identify a brand and the quality associated with it.
To register your trademark at a federal level, you can file an application for federal registration with the United States Patent and Trademark Office (USPTO).
A service mark offers the same type of protection as a trademark, except that rather than identifying the source of goods, a service mark identifies a business that provides a service or services rather than goods.
The process of obtaining a trademark includes, after the trademark search, filing an application with the US Patent and Trademark Office, which includes a specimen of the word, or name, or design that's proposed to be the mark along with a filing fee that covers that particular class of goods.
April 13, 2016. Under the United States Trademark laws, there are two different types of trademark applications available for trademark registration. The first is referred to as a 1(a) or currently in use in commerce application. The other is a 1(b) or intent to use application.
The word trademark can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.
Section 45 of the Trademark Act, 15 U.S.C. §1127 defines a service mark as any word, name, symbol, device or any combination thereof used to indicate the source of the services and to identify and distinguish the services of one party or entity from the services of others.
There is some flexibility as to how and where to use the TM, SM, or ® symbol. Typically, it is placed in the upper right-hand corner, in the lower right-hand corner, or level with the mark or logo itselfeach is an acceptable way of displaying the relevant symbol.
Although you can apply for trademark protection for your name and logo concurrently, each is considered a separate mark. As such, each mark (i.e. your standard character mark and your design mark) requires its own application.