trademark services with a trademark stamp

By Richard Gearhart, Esq. | Last reviewed: October 2026

Gearhart Law is a full-service intellectual property firm in Summit, NJ, helping you protect the names, logos, and slogans that set your business apart. Our experienced trademark attorneys in New Jersey work directly with you from your initial search through trademark registration and beyond.

Your brand is one of your business’s most valuable assets. Let’s make sure it stays yours.

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What Does a Trademark Attorney Do?

A trademark is a brand asset or symbol that tells customers who is behind a product or service. A trademark attorney helps you protect your brand, from checking whether a name is available to filing your application, responding to the USPTO, and taking action if someone infringes your trademark. Using a mark in business can give you some rights, but federal registration offers stronger, nationwide protection for the goods or services covered.

“I’ve seen business owners spend years building a brand, only to receive a cease-and-desist letter because someone else had rights first. Starting with a search and an application can help you avoid that.”
— Richard Gearhart, Founding Partner

How New Jersey and Federal Trademark Law Apply

Most businesses seeking broad trademark protection apply for federal registration through the U.S. Patent and Trademark Office (USPTO) under the Lanham Act. Federal registration provides nationwide protection for the goods or services covered and a legal presumption of ownership. It also allows you to use the ® symbol. If someone opposes your application or seeks to cancel a registration, the dispute goes to the Trademark Trial and Appeal Board (TTAB). In our experience, most of these cases settle before the TTAB reaches a final decision. New Jersey offers state trademark registration, which covers the state and may suit businesses operating locally.

New Jersey’s state registry operates under the New Jersey Trademark Act (N.J.S.A. 56:3-13.1 et seq.), and state law also protects brands through unfair competition claims, including under N.J.S.A. 56:4-1.

Federal trademark disputes in the state are heard in the U.S. District Court for the District of New Jersey, with appeals to the U.S. Court of Appeals for the Third Circuit. State claims may be heard in the Superior Court of New Jersey, including in Union County. The Lanham Act has no fixed statute of limitations for infringement, but courts generally look to New Jersey’s six-year limitations period for fraud (N.J.S.A. 2A:14-1) when deciding whether an owner waited too long to act.

The Trademark Process Step by Step

Here’s what to expect at each stage, with typical timeframes. 

  1. Free consultation. We’ll discuss your trademark needs and your business growth plans in a no-obligation consultation.
  2. Clearance search (1–2 weeks). We search USPTO and state records and the marketplace for similar marks and explain any risks in plain language.
  3. Application (about 2 weeks). We identify the right classes of goods and services and file federally and with New Jersey if that fits your business.
  4. Examination (6–9 months). A USPTO examiner reviews the application. If the examiner raises an issue in an office action, we prepare a response, which usually adds 1–3 months. 
  5. Publication (30 days). The mark appears in the USPTO’s Official Gazette, when others may oppose it.
  6. Registration. If you’re already using the mark, it then moves to registration. If you filed before using it (an “intent-to-use” application), we file a statement of use once the mark is in use. This can be extended in 6-month periods for up to three years. Once the statement of use is accepted, the mark registers. 
  7. Upkeep. Once registered, we track your maintenance deadlines and can watch for conflicting filings.

 If someone disputes your mark, learn more about trademark litigation.

Trademark Services We Handle

What to Do If Someone Is Using Your Trademark

Depending on the circumstances, your options may include sending a cease-and-desist letter, negotiating an agreement, filing a proceeding before the Trademark Trial and Appeal Board (TTAB), or bringing a federal lawsuit.

We often recommend trying to resolve a dispute before going to court, as it can save you a lot of money. As Gearhart Law partner James Klobucar puts it, “Trademarks are ‘if you don’t use it, you lose it’ type things, so you do have to actively police the mark.” We’ve found that the best strategy is to find out about infringers as quickly as possible. 

If a dispute does go to court, a trademark owner may be entitled to an order stopping the infringing use, the infringer’s profits, damages, and court costs under 15 U.S.C. §§ 1116 and 1117. The strength of your claim can depend on factors such as the distinctiveness of your mark, your priority of use, whether the mark is registered, and the evidence of likely consumer confusion. No attorney can guarantee an outcome. Read our latest guide on when to send a cease-and-desist letter for trademark infringement.

Why Choose Gearhart Law as Your Trademark Attorney in New Jersey

Gearhart Law started as a startup in 2007, so we know firsthand what it takes to build something from the ground up. That’s why keeping clients well informed is our top priority. We take the time to get to know you, your business, and your goals before we recommend a strategy.

Founding partner Richard Gearhart brings more than three decades of intellectual property experience. Before founding the firm, he led the U.S. Patent and Trademark group at Novartis Pharmaceuticals and served as General Patent Counsel at CIBA Vision. As an active angel investor, he looks at your brand the way an investor would: as an asset that should grow in value. 

Richard works alongside a team with experience across trademark protection, copyright, and commercial matters. Partner David Postolski has helped maintain the Hemingway Estate’s worldwide intellectual property portfolio. Partner Jim Francis represented a small moonshine distillery in a brand dispute with the University of Kentucky that was covered by The New York Times. Associate Steven Frydman focuses on trademark and copyright protection for entrepreneurs.

Whoever leads your matter, you’ll work directly with your attorney, with advice tailored to your business. As your company grows, we grow with you.
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Testimonials

“Over the past five years, they have helped me establish my LLC, launch brands, secure and protect my marks, and stay compliant with various filing requirements — all while calmly explaining (and often re-explaining) the process to me. Special thanks to James Klobucar, who has been stuck with me from the beginning.” – R – Resnick.

“Their team is knowledgeable and very well-versed in the entrepreneurial space. Whether you’re a start-up or seasoned entrepreneur, your business and intellectual property needs are in great hands with Richard and his team of IP and trademark experts!” – C. Kenya.

Trademark FAQs for New Jersey Businesses

1. How long does trademark registration take?
If no issues come up, most federal applications reach the end of the publication period about 8 to 11 months after the clearance search begins, with registration usually following within a few months for marks already in use. An office action typically adds 1–3 months, and an opposition can add considerably more. If you filed before using the mark, registration waits until you file a statement of use, which can be extended for up to three years.

2. How much does it cost to trademark a name in New Jersey?
The USPTO’s base filing fee is $350 per class of goods or services. Additional fees may apply depending on the application. New Jersey state trademark registration costs $50 for the first classification, plus $50 for each additional classification. These government filing fees exclude attorney fees.

3. Do I need a lawyer to get a trademark?
U.S.-based applicants can file on their own. Many self-filed applications run into trouble, though, because of a weak search, the wrong class, or a description the examiner rejects. A trademark lawyer can help you avoid those problems and respond if an office action arrives.

4. Should I register my trademark with New Jersey or federally?
Federal registration offers nationwide protection for the goods or services covered, while New Jersey state registration provides state-level protection. The right approach depends on your business, where you operate, and your plans for growth. Registering an LLC or business name does not automatically give you trademark rights.

5. Can I use any business name or logo I want in New Jersey?
Not always. A name or logo may infringe another business’s trademark if it’s likely to be confused with an existing mark, even if that mark isn’t registered. Registering your business name or LLC doesn’t resolve potential trademark conflicts, and rights from simply using a name may be limited to the areas where you operate. A clearance search before you launch can help identify risks and avoid costly disputes.

6. What’s the difference between a trademark, a patent, and a copyright?
A trademark protects names, logos, and other marks that identify the source of a business’s goods or services. A patent can protect a qualifying invention, such as a new and useful process or machine, for a limited period. Copyright protects original creative works, such as writing, artwork, music, and software code. A business may need more than one type of intellectual property protection: for example, a product could be patented, sold under a trademarked brand, and marketed using copyrighted materials.

Serving Summit, New Jersey, and Clients Nationwide

Our office is in Summit, in the heart of New Jersey’s pharmaceutical and life sciences corridor. We work with businesses in Millburn, Millburn-Short Hills, Westfield, New Providence, Berkeley Heights, Springfield, Chatham, Madison, Cranford, Maplewood, New Brunswick, and across New Jersey. Because federal trademark registration covers the whole country, we also work with businesses nationwide and internationally as they expand their brands.

Get in Touch With a New Jersey Trademark Lawyer

Whether you’re a startup choosing your first brand name or an established business looking to expand, protecting your trademark early gives your brand room to grow. Let’s explore the right strategy for your business.

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