Title 56, Title 56: TRADE NAMES, TRADE-MARKS AND UNFAIR TRADE PRACTICES

56:3-13.16 Action for trafficking in counterfeit marks; remedies. 2. a. Subject to the provisions of section 13 of P.L.1966, c.263 (C.56:3-13.13), and with respect to a mark registered pursuant to this act and a mark protected at common law, any person who engages in the conduct …

56:3-13.17. Destruction order In any civil action brought pursuant to this act, if the court determines that a mark is counterfeit, the court may order the destruction of all marks, all means of making the marks, and all goods, articles or other matter bearing the marks, which ar…

56:3-13.18. Not exclusive remedy Nothing in this act shall supersede any provision of federal, State, or other law imposing criminal penalties or affording civil remedies in addition to those provided for in this act, except that no plaintiff who recovers treble damages or treble…

56:3-13.19. Estoppel A final judgment or decree rendered in favor of the State in a criminal proceeding brought under Chapter 20 or 21 of Title 2C of the New Jersey Statutes shall estop the defendant in the action or proceeding in any subsequent civil action as to all matters as …

56:3-13.1a. Definitions relative to trademarks 1. As used in this act: "Abandoned," when used with reference to a mark, means the occurrence of either of the following: (1) When its use has been discontinued with intent not to resume that use. Intent not to resume may be inferred…

56:3-13.2. Registrability 2. Registrability. A mark by which the goods or services of an applicant for registration may be distinguished from the goods or services of others shall not be registered if it: (a) consists of or comprises immoral, deceptive or scandalous matter; or (b…

56:3-13.20. Remedies for dilution of famous marks 13. The owner of a mark which is famous in this State shall be entitled, subject to the principles of equity, to an injunction, commencing after the owner's mark becomes famous, against another person's use of the mark which cause…

56:3-13.21. Regulations, fees 15. The Secretary of State shall promulgate regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions of this act. The regulations promulgated by the secretary shal…

56:3-13.22 Additional enforcement action for certain trademark violations. 1. a. In addition to any civil action brought pursuant to subsection a. of section 2 of P.L.1987, c.454 (C.56:3-13.16) or any criminal prosecution brought for violation of N.J.S. 2C:21-21, N.J.S.2C:21-32 o…

56:3-13.3. Application for registration 3. Application for registration. Subject to the limitations set forth in this act, any person who uses a mark may file in the office of the Secretary of State, in a manner complying with the requirements of the Secretary of State, an applic…

56:3-13.3a. Examination of applications, procedures 11. a. Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with the requirements of this act. b. The applicant shall provid…

56:3-13.3b. Review of registration decisions, procedure 14. a. An applicant or registrant shall have the right of appeal solely on the record to an administrative law judge designated by the Office of Administrative Law or to the Superior Court in Mercer County as follows: (1) Th…

56:3-13.4. Certificate of registration 4. Certificate of registration. Upon compliance by the applicant with the requirements of this act, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration…

56:3-13.5. Duration and renewal 5. Duration and renewal. Registration of a mark with the Secretary of State shall be effective for a term of five years from the date of registration and, upon application filed within six months prior to the expiration of the term, in a manner com…

56:3-13.6. Assignment, other instruments 6. Assignment, other instruments. a. Any mark and its registration or application for registration shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connect…

56:3-13.7. Records 7. Records. The Secretary of State shall keep for public examination a record of all marks registered or renewed under this act and applications for registration of a mark, and all documents recorded pursuant to section 6 of P.L.1966, c.263 (C.56:3-13.6). The S…

56:3-13.7a. Certificate of availability Upon request of any person, the Secretary of State shall issue upon the payment of a fee of $25.00 a certificate of availability of a mark (one to three marks). L. 1971, c. 171, s. 5; amended 1982,c.52,s.11; 1987,c.435,s.26.

56:3-13.8. Cancellation 8. Cancellation. The Secretary of State shall cancel from the register: (a) after one year from the effective date of this act, all registrations under prior acts which are more than 10 years old and not renewed in accordance with this act; (b) any registr…

56:3-13.9a. Establishment of classification of goods, services 12. The secretary shall by regulation establish a classification of goods and services for convenience of administration of this act, but which shall not limit or extend the applicant's or registrant's rights, and a s…

56:3-13a. Purpose of act, construction 16. This 1995 amendatory and supplementary act is intended to provide a system of State trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the federal Tradema…

56:3-14. Citation of article This article shall be known and designated as the "New Jersey bottle law" , and may be so cited and referred to in all process and proceedings taken under it and in all courts and places.

56:3-15. Registration of names, marks or devices authorized Any person or corporation engaged in manufacturing soda waters, mineral or aerated waters, porter, ale, beer, cider, ginger ale, milk, cream, ice cream, ice cream mixtures or compounds or any other similar product frozen…

56:3-16. Descriptions of names, marks or devices filed with county clerk and secretary of state The registration of names, marks or other devices shall be by filing in the office of the clerk of the county in which the principal office of the person or corporation seeking registr…

56:3-17. Descriptions published in newspaper Any person or corporation seeking to register names, marks or other devices under authority of this article shall first cause the description mentioned in section 56:3-16 of this title to be printed once in each week, for two weeks suc…

56:3-19. Affidavit of publication as evidence of publication and matters therein stated The affidavit of the printer or publisher of the newspaper, or of his foreman or clerk, in which the description mentioned in section 56:3-16 of this title has been printed as required by sect…

56:3-20. Unlawful use or disposition of containers marked with registered name, mark or device No person or corporation, other than the owner or proprietor, of a name, mark or other device mentioned in section 56:3-15 of this title, shall fill or cause to be filled with any of th…

56:3-21. Violations of article; imprisonment or fine Any person, acting for himself or as the agent of any person, firm or corporation, who violates the provisions of this article shall, for the first offense, be punished by imprisonment for not less than ten days nor more than o…

56:3-22. Taking possession of unlawfully used containers marked with registered name, mark or device The owner or proprietor, or his or its agents, may take possession of any bottle, container or receptacle mentioned in section 56:3-15 of this title used in violation of this arti…

56:3-23. Collection and enforcement of penalties, jurisdiction 56:3-23. The Superior Court and any municipal court shall have jurisdiction of proceedings for the collection and enforcement of a penalty imposed because of the violation, within the territorial jurisdiction of the c…

56:3-25. Search warrant for unlawfully used containers marked with registered name, mark or device; procedure thereon 56:3-25. Whenever any person makes oath before the Superior Court or any municipal court that he has reason to believe and does believe that any bottle, container…

56:3-26. Presumptive evidence of ownership of containers The presence, upon any bottle, container or receptacle mentioned in section 56:3-15 of this title, of any name, mark or device which has been registered and published as provided by sections 56:3-16 and 56:3-17 of this titl…

56:3-27. Disposition of fines and costs imposed and collected All fines and costs imposed and collected upon conviction for violations of this article in any city of the first class shall be paid into the treasury of such city and be disposed of as fines and costs in indictable c…

56:3-28. Deposit made on delivery of containers not sale thereof The requiring, taking or accepting of any deposit upon delivery of any bottle, container or receptacle mentioned in section 56:3-15 of this title, having thereon a name, mark or device which has been registered and …

56:3-29. Civil penalties for violations of article; action at law Any person or corporation who or which violates the provisions of this article shall be liable to a penalty of five dollars, for the first offense, for each bottle, container or receptacle mentioned in section 56:3…

56:3-32. Rights of registrants under prior laws Any person or corporation who has filed in any of the offices mentioned in section 56:3-16 of this title a description of the names, marks or devices upon his or its property therein mentioned, and has caused the same to be publishe…

56:3-33. Proceedings pending under prior laws Any proceedings pending on July eleventh, nineteen hundred and thirty-three, under the act entitled "An act concerning bottles, boxes, siphons, tins, kegs or other articles used in the sale of soda waters, mineral or aerated waters, p…

56:3-34. Laws concerning shippers of milk and milk cans not affected Nothing in this article contained shall be construed to repeal, modify or affect article 4 of this chapter (s. 56:3-42 et seq.), or any other existing law for the protection of producers or shippers of milk or c…

56:3-35. Filing names, marks or devices; fee Any person engaged in the business of supplying towels, coats, aprons, toilet devices or other kindred articles or supplies for hire or compensation, used for the purpose of providing cleanliness and sanitation, and having a name, or t…

56:3-36. Effect of filing Any person who has complied with the provisions of section 56:3-35 of this title shall thereupon be deemed the owner of such name, mark or device, and of every such towel, apron, coat, toilet cabinet or toilet device, so used as aforesaid, upon which suc…

56:3-37. Assignment of business; procedure When any person having complied with the provisions of sections 56:3-35 and 56:3-36 of this title assigns, by sale or otherwise, the business mentioned in section 56:3-35 of this title, his assignee shall, upon such assignment, file a ce…

56:3-38. Use or possession of supplies; defacing names, etc.; leases No person other than as provided in sections 56:3-35 and 56:3-36 of this title shall use any towels, coats, aprons, toilet cabinets, towel devices, or any other articles or supplies used for the purpose of clean…

56:3-39. Washing marked articles No person, other than the owner, shall launder, wash, clean, renovate or cause to have laundered, washed, cleaned, or renovated, any towels, coats, aprons, toilet devices or other supplies used for the purpose of cleanliness and sanitation which a…

56:3-40. Deposit for safe-keeping or return of articles not sale thereof The requiring, taking or acceptance of any sum of money by the owner of towels, coats, aprons, toilet cabinets, toilet devices, or any other articles or supplies used for the purpose of cleanliness and sanit…

56:3-41. Penalty; recovery; jurisdiction; procedure 56:3-41. Any person violating any of the provisions of this article shall, for the first offense, be liable to a penalty of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), and for each subsequen…

56:3-42. Unlawful use or other disposition of milk or cream cans No person shall, without the written consent of the owner or owners or shipper, or shippers, or his or their agent, use, sell, dispose of, buy or traffic in any milk or cream can, belonging to any dealer in or shipp…

56:3-43. Agent of railroad for protection of cans The superintendent of any railroad over which milk or cream shall be carried or shipped to any place within this state, shall have the power to appoint an agent for the collection, protection and care of any milk or cream cans shi…