How to Trademark a Business Name in New Jersey (2026)

Fact-checked by the LegalGlass editorial team against primary sources · Published Aug 20, 2026 · Last updated Aug 20, 2026

To trademark a business name in New Jersey, file a trade or service mark application (Form TMSM-01) with the Division of Revenue and Enterprise Services. The fee is $50 per registration plus $50 for each additional classification, and the registration term is five years.

Quick Answer

Agency
NJ Division of Revenue and Enterprise Services (DORES)
Form
TMSM-01 (registration); TMSM-02 (related filings)
Fee
$50 per registration; $50 per additional class
Term
Five years, renewable
Renewal fee
$50
Required with filing
A drawing of the mark and three specimens showing use
Expedited
Available in person or by courier for $15 per transaction (8.5 business hours)
Federal option
USPTO registration for nationwide rights

What a New Jersey Trademark Registration Gives You

A New Jersey trade or service mark registration is a state-level record that you use a particular name, logo, or slogan to identify your goods or services in New Jersey. It creates public notice, gives you a certificate to attach to demand letters, and supports enforcement against later users inside the state.

It does not create rights outside New Jersey, and it is not the same as forming an LLC. Filing New Jersey formation documents reserves an entity name in the state's business register; a trademark protects the commercial identity customers associate with you. Businesses routinely need both.

Registration is also distinct from a trade name or DBA filing. If you operate under a name different from your registered entity name, see New Jersey DBA filing - that is a naming disclosure, not a source-identifier right.

The $50 Filing Fee

The Division of Revenue and Enterprise Services charges $50.00 per registration, plus $50.00 for each additional classification where the mark covers goods or services in more than one class. A single-class filing therefore costs $50 - among the least expensive state trademark registrations in the country.

Optional expedited service is available for filings delivered in person or by courier, providing processing within 8.5 business hours for an additional $15.00 per transaction. Standard mail filings are processed in the ordinary queue.

Compare that to federal filing. USPTO application fees are charged per class and are an order of magnitude higher, and the examination process takes months. The state filing is cheap enough that it is rarely the wrong first step; it is simply not a substitute for the federal one.

What You Must Submit

New Jersey requires more than a form. The application must include an actual drawing of the trade or service mark and three specimens showing how the mark is actually being used in connection with the goods or services claimed.

Specimens must show real-world use, not a design concept: product labels, packaging, tags, signage, or - for services - advertising and marketing materials that display the mark alongside the service. Printouts of a logo file are not specimens.

You also identify the classification of goods or services, the date the mark was first used anywhere and first used in New Jersey, and the applicant's identity - which should be the legal owner of the mark, usually the LLC or corporation rather than an individual.

Filing Step by Step

First, clear the mark. Search the USPTO register, the New Jersey business-name database, and general commercial use. Second, confirm you are actually using the mark in commerce and gather three specimens plus a clean drawing. Third, complete Form TMSM-01, identify the correct class, and sign it as the owner or an authorized officer.

Fourth, submit the application with the $50 fee - $50 more for each additional class - to the Division of Revenue and Enterprise Services. Fifth, calendar the renewal. The term of registration and renewal is five years, which is shorter than the ten-year federal term and easy to forget.

Term, Renewal, and Enforcement

New Jersey registrations run for five years and are renewable for like periods on payment of the $50 fee. Because the term is short, set the reminder the day the certificate arrives. An expired state registration leaves you with only whatever common-law rights your continued use supports.

Enforcement remains yours. The state does not police the register for you. Watch for confusingly similar names in New Jersey filings, marketplace listings, and domain registrations, and act promptly - delay weakens the argument that the later use causes confusion.

State Registration vs. Federal Registration

A state registration protects a mark only within that state's borders and only against later users there. A federal registration with the USPTO covers all 50 states, creates a nationwide presumption of ownership, and is what most e-commerce takedown programs, marketplaces, and licensees expect to see.

The federal application is more expensive and slower - months, not weeks - and it requires the mark to be used in interstate commerce or filed on an intent-to-use basis. If your customers are all in one state, a state registration may be enough for now. If you sell online or plan to expand, the federal filing is the one that actually matters.

The two systems are not mutually exclusive. Many businesses register at the state level for immediate, inexpensive notice and file federally in parallel. See our national trademark guide and trademark search walkthrough.

Neither a state registration nor a business-entity name check clears a mark. Entity availability at the Secretary of State means only that no other company has filed under that exact name; it says nothing about anyone's trademark rights, and it will not stop a cease-and-desist letter.

A real clearance search covers the USPTO database, state registers, common-law use, domain names, and marketplace listings. Marks that are merely descriptive of what you sell, or geographically descriptive, are weak and often refused. Distinctive, arbitrary, or coined names clear more easily and are worth more later.

Common Trademark Mistakes

The most common is treating an LLC name, a DBA, or a domain registration as a trademark. They are four different things: entity formation, an assumed-name filing, a domain lease, and a source identifier. Only the trademark gives you rights against a competitor using a confusingly similar name.

Others: applying before the mark is actually in use when the state requires use, submitting mockups instead of real specimens, choosing the wrong class of goods or services, and then failing to renew. A lapsed registration does not merely expire quietly - it can hand a competitor an opening you spent years closing.

Frequently Asked Questions

How much does it cost to trademark a business name in New Jersey?

$50 per registration with the New Jersey Division of Revenue and Enterprise Services, plus $50 for each additional classification if the mark covers more than one class of goods or services. Optional expedited processing within 8.5 business hours costs an extra $15 per transaction for filings made in person or by courier.

What form is used to register a trademark in New Jersey?

Form TMSM-01, the application to register a trade or service mark, filed with the Division of Revenue and Enterprise Services. The application must include an actual drawing of the mark and three specimens showing how the mark is being used in connection with the goods or services claimed.

How long does a New Jersey trademark registration last?

Five years. The term of registration and of each renewal is five years, and renewal costs $50. That is shorter than the federal ten-year term, so calendar the renewal date when the certificate arrives. Letting it lapse leaves you relying only on common-law rights from continued use.

Does a New Jersey trademark protect me in other states?

No. A state registration protects the mark only within New Jersey. For nationwide rights you need a federal registration with the USPTO, which creates a presumption of ownership across all 50 states and is what marketplaces and licensees generally expect. Many businesses file both.

Is registering my LLC name the same as trademarking it?

No. Forming an LLC reserves that exact entity name in New Jersey's business register so no one else can file under it. A trademark protects the name as a source identifier for goods or services and lets you stop confusingly similar uses. A DBA filing is a third, separate thing entirely.

Do I have to be using the mark before I apply in New Jersey?

Yes, in substance. New Jersey requires three specimens showing actual use of the mark with the claimed goods or services, and asks for the dates of first use anywhere and first use in New Jersey. Concept mockups do not qualify. The federal system, by contrast, allows intent-to-use applications.

Related

Sources

  1. New Jersey Division of Revenue and Enterprise Services - Registering a Trade or Service Mark ($50 per registration; $50 per additional class; five-year term; drawing and three specimens; $15 expedited).
  2. New Jersey Division of Revenue and Enterprise Services - Form TMSM-01, Application for Registration of Trade or Service Mark (application form).
  3. Business.NJ.gov - Trademarks, Patents, and Copyrights (state overview and links).
  4. USPTO - Trademark Basics (what a trademark is; federal vs state rights).
  5. USPTO - Apply for a Trademark (federal application process).
  6. USPTO - Searching Trademarks (clearance search before filing).
  7. USPTO - Trademark Fees and Payment Information (federal application fees).
  8. IRS - Limited Liability Company (LLC) (entity vs. brand distinction).

LegalGlass provides general information for educational purposes and is not legal advice, is not a law firm, and is not a substitute for advice from a licensed attorney or tax professional. Laws, fees, and thresholds change; verify current amounts with the New Jersey Division of Revenue and Enterprise Services before acting.