Benjamin Appelbaum, Attorney at Law

Can I amend a trademark in New Jersey?

There are many reasons why you may want to amend an existing trademark or service mark that has already been registered. This can be a complicated procedure that may not be successful for a multitude of reasons. While the basic steps to amend a previously filed trademark are described here, an experienced legal counsel can help advise you through this process to ensure a greater likelihood of success.

Before pursuing a trademark amendment, consider whether it is best to amend your existing trademark or to register a new trademark or service mark altogether. Per New Jersey’s Application to Amend a Registered Trade or Service Mark, the only amendments that are possible include changing the name of the trademark owner, the address of the trademark owner, or changing the classification of the trade or service mark itself.

The amendment form also indicates that it cannot be used to reassign ownership through the Change of Name component; there is a separate form for ownership reassignment. It is also important to note that it is not possible to make alterations to the actual trade or service mark itself through an amendment. In order to make changes to the trade or service mark itself, a new trademark must be registered altogether.

If your needs are satisfied by amending one or more of the trademark components which are amendable, filing the Application to Amend a Registered Trade or Service Mark to the New Jersey Division of revenue with the required $50.00 filing fee is a good place to start. As with all trade and service mark issues, qualified and experienced legal counsel can help guide you through the any unforeseen obstacles to achieving your trade and service mark goals.

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Benjamin Appelbaum, Attorney at Law - Intellectual Property

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