reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.3 - Application for registration

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 application for registration of that mark setting forth, but not limited to, the following information:
(a) the name and business address of the person applying for registration; and, if a corporation the state of incorporation, or, if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the Secretary of State;
(b) the goods or services on or in connection with which the mark is used and the mode or manner in which the mark is used on or in connection with such goods or services and the class in which such goods or services fall;
(c) the date when the mark was first used anywhere and the date when it was first used in this State by the applicant or a predecessor in interest; and
(d) a statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered the mark, either with the United States Patent and Trademark Office or with the Secretary of State, or has the right to use such mark either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods or services of such other person, to cause confusion, or to cause mistake, or to deceive.
The Secretary of State may require a statement as to whether an application to register the mark, or portions of a composite of the mark, has been filed by the applicant or a predecessor in interest in the United States Patent and Trademark Office; and, if so, the applicant shall provide the Secretary of State with information regarding any application, including the filing date and serial number of each application, the status of each application and, if any application was refused registration or has otherwise not resulted in a registration, the reasons for the refusal or for the application not resulting in registration.
The application shall be typed and prepared on 8-1/2" x 11" bond paper, or prepared using any other means approved by the Secretary of State. The Secretary of State shall also require that a drawing of the mark, complying with requirements that the Secretary of State may specify, accompany the application.
The application shall be signed and verified by oath, affirmation or declaration subject to punishment for perjury, by the applicant or by a member of the firm or an officer of the corporation or association applying.
The application shall be accompanied by three specimens showing the mark as actually used.
The application shall be accompanied by an application fee established by and payable to the Secretary of State.
L.1966,c.263,s.3; amended 1971,c.171,s.1; 1982,c.52,s.8; 1987,c.435,s.22; 1995,c.171,s.3.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.3a - Examination of applications, procedures

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 provide any additional pertinent information requested by the secretary, including a description of a design mark, and may make, or authorize the secretary to make, any amendments to the application that may be reasonably requested by the secretary or deemed by the applicant to be advisable to respond to any rejection or objection.
c. The secretary may require the applicant to disclaim an unregistrable component of a mark otherwise registrable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. The disclaimer shall not prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter, or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or services.
d. Amendments may be made by the secretary to the application submitted by the applicant upon the applicant's agreement; or the secretary may require submission of a fresh application.
e. If the applicant is found not to be entitled to registration, the secretary shall notify the applicant and shall advise the applicant of the reasons for the denial of registration. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall then be reexamined. This procedure may be repeated until:
(1) the secretary finally refuses registration of the mark; or
(2) the applicant fails to reply or amend within the specified period, in which case the application shall be deemed to have been abandoned.
f. If the secretary finally refuses registration of the mark, the applicant may seek a review in accordance with the procedures set forth in section 14 of P.L.1995, c.171 (C.56:3-13.3b).
g. In the instance of applications concurrently being processed by the secretary seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in order of filing. If a prior-filed application is granted a registration, any other application for the same or confusingly similar marks shall be rejected. A rejected applicant may bring an action for cancellation of the registration of the same or confusingly similar mark upon grounds of prior or superior rights to the mark, in accordance with the provisions of subsection b. of section 14 of P.L.1995, c.171 (C.56:3-13.3b).
L.1995,c.171,s.11.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.4 - Certificate of registration

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 shall be issued under the signature of the Secretary of State and the Seal of the State, and it shall show the name and business address and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the Secretary of State, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this State, the class of goods or services and a description of the goods or services on or in connection with which the mark is used, a reproduction of the mark, the registration date and the term of the registration.
Any certificate of registration issued by the Secretary of State under the provisions of this act or a copy of a certificate of registration duly certified by the Secretary of State shall be admissible in evidence as competent and sufficient proof of the registration of the mark in any action or judicial proceedings in any court of this State.
L.1966,c.263,s.4; amended 1971,c.171,s.2; 1987,c.435,s.23; 1995,c.171,s.4.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.5 - Duration and renewal

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 complying with the requirements of the Secretary of State, the registration may be renewed for a like term from the end of the expiring term. A renewal fee in an amount established by and payable to the Secretary of State, shall accompany the application for renewal of the registration.
A mark registration may be renewed for successive periods of five years in like manner.
Any registration in force on the effective date of P.L.1995, c.171 (C.56:3-13.1a et al.) shall continue in full force and effect for the unexpired term of the registration, and may be renewed by filing an application for renewal with the Secretary of State complying with the requirements of the Secretary of State and paying the renewal fee established by the Secretary of State within six months prior to the expiration of the registration.
All applications for renewal shall include a verified statement that the mark has been and is still in use and shall include a specimen showing actual use of the mark on or in connection with the goods or services.
L.1966,c.263,s.5; amended 1971,c.171,s.3; 1982,c.52,s.9; 1987,c.435,s.24; 1995,c.171,s.5.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.6 - Assignment, other instruments

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 connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and shall be recorded with the Secretary of State upon the payment of the recording fee payable to the Secretary of State. An assignment of any registration under this act shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is filed for recording with the Secretary of State within 20 days after the date of the assignment or prior to the subsequent purchase or transfer.
b. Other instruments which relate to a mark registered or application pending pursuant to this act, including, but not limited to, a change of owner name, shall be recorded by the Secretary of State upon the payment of the recording fee established by and payable to the Secretary of State, provided that the instrument is in writing and executed by the applicant or registrant. Instruments recordable under the provisions of the Uniform Commercial Code, such as security interests and mortgages, and their recordation, shall continue to be governed by and recorded under the provisions of the Uniform Commercial Code.
c. Acknowledgement by the assignee or transferee shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the Secretary of State, the record shall be prima facie evidence of execution.
d. A photocopy of any instrument referred to in subsections a. and b. of this section shall be accepted for recording if it is certified by any of the parties to the instrument, or their successors, to be a true and correct copy of the original.
L.1966,c.263,s.6; amended 1971,c.171,s.4; 1982,c.52,s.10; 1987,c.435,s.25; 1995,c.171,s.6.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.7 - Records

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 Secretary of State shall provide copies of these records to the public upon payment of a fee established by and payable to the Secretary of State.
L.1966,c.263,s.7; amended 1995,c.171,s.7.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.7a - Certificate of availability

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.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.8 - Cancellation

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 registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(c) all registrations granted under this act and not renewed in accordance with the provisions of this act;
(d) any registration concerning which a federal court of competent jurisdiction or a court of competent jurisdiction in this State shall find:
(1) that the registered mark has been abandoned;
(2) that the registrant is not the owner of the mark;
(3) that the registration was granted contrary to the provisions of section 2 of P.L.1966, c.263 (C.56:3-13.2);
(4) that the registration was obtained fraudulently;
(5) that the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent and Trademark Office, prior to the date of the filing of the application for registration by the registrant under this act, and not abandoned; provided, however, that should the registrant prove that he is the owner of a concurrent registration of his mark in the United States Patent and Trademark Office covering an area including this State, the registration under this act shall not be canceled;
(6) that the mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered.
(e) when a federal court of competent jurisdiction or a court of competent jurisdiction in this State shall order cancellation of a registration on any ground.
L.1966,c.263,s.8; amended 1995,c.171,s.8.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.9a - Establishment of classification of goods, services

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 single application for registration of a mark may include any or all goods or services on or in connection with which the mark is actually being used, indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the secretary shall require payment of a fee for each class. The classification of goods and services shall conform to the classification adopted by the United States Patent and Trademark Office pursuant to 15 U.S.C. s.1112.
L.1995,c.171,s.12.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.10 - Fraudulent registration

56:3-13.10. Fraudulent registration
10. Fraudulent registration.
Any person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary of State under the provisions of this act, by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of the filing or registration, to be recovered by or on behalf of the injured party in any court of competent jurisdiction.
L.1966,c.263,s.10; amended 1995,c.171,s.9.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.13 - Common law rights

56:3-13.13. Common law rights
Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
L.1966, c. 263, s. 13.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.14 - Severability

56:3-13.14. Severability
If any provision hereof, or the application of such provision to any person or circumstance is held invalid, the remainder of this act shall not be affected thereby.
L.1966, c. 263, s. 14.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.15 - Repeal

56:3-13.15. Repeal
Sections 56:3-1 to 56:3-13 of the Revised Statutes are repealed, except that as to any suit, proceeding or appeal, and for that purpose only, pending at the time this act takes effect such repeal shall be deemed not to be effective until final determination of said pending suit, proceeding or appeal.
L.1966, c. 263, s. 15.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.17 - Destruction order

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 are in the possession or control of the court or any party to the action; or, after obliteration of the counterfeit mark, the court may order the disposal of the aforesaid materials to the State, a civil plaintiff, an eleemosynary institution, or any appropriate private person other than the person from whom the materials were obtained.
L. 1987, c. 454, s. 3.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.18 - Not exclusive remedy

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 profits pursuant to subsection d. of section 2 of this act shall also be entitled to corresponding recovery under any other federal, State or other law in connection with the same underlying occurrences or transactions.
L. 1987, c. 454, s. 4.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.19 - Estoppel

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 to which the judgment in the action or proceeding would be an estoppel between the parties to it.
L. 1987, c. 454, s. 5.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.20 - Remedies for dilution of famous marks

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 causes dilution of the distinctive quality of the owner's mark, and to obtain other relief provided in this section. In determining whether a mark is famous, a court may consider factors such as, but not limited to:
a. The degree of inherent or acquired distinctiveness of the mark in this State;
b. The duration and extent of use of the mark in connection with the goods and services;
c. The duration and extent of advertising and publicity of the mark in this State;
d. The geographical extent of the trading area in which the mark is used;
e. The channels of trade for the goods or services with which the registrant's mark is used;
f. The degree of recognition of the registrant's mark in its and in the other's trading areas and channels of trade in this State; and
g. The nature and extent of use of the same or similar mark by third parties.
The owner of a famous mark shall be entitled only to injunctive relief in this State in an action brought under this section, unless the subsequent user willfully intended to trade on the owner's reputation or to cause dilution of the owner's mark. If willful intent is proven, the owner shall also be entitled to any other remedies set forth in this act, subject to the discretion of the court and the principles of equity.
L.1995,c.171,s.13.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-13.21 - Regulations, fees

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 shall include the fees payable for the various applications and recording fees and for related services. Unless specified by the secretary, the fees shall not be refundable.
L.1995,c.171,s.15.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-15 - Registration of names, marks or devices authorized

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 substantially to the consistency of ice cream, small beer, lager beer, weiss beer, white beer, near beer, or other beverages or medicines, medical preparations, perfumery, oils, compounds or mixtures, or any person or corporation engaged in bottling or selling any of the above-named articles or products in bottles, barrels, half-barrels, quarter-barrels, boxes, kegs, siphons, tins, ice cream containers, packages, wrappers, cabinets, refrigerators, equipment, or other receptacles or containers, upon which his or its name, or other marks or devices used by him or it, are branded, stamped, engraved, etched, blown, embossed, impressed, or otherwise produced, may register his or its name, mark or device in the manner hereinafter provided, and, upon completing such registration and the publication required by sections 56:3-16 and 56:3-17 of this title, shall be deemed the proprietor of such name, mark or device and of every container upon which such name, mark or device may be branded, stamped, engraved, etched, blown, embossed, impressed or otherwise produced.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-16 - Descriptions of names, marks or devices filed with county clerk and secretary of state

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 registration is situated and in the office of the Secretary of State, descriptions of such names, marks or other devices. If the applicant for registration has no principal office in this State the names, marks or other devices may be registered by filing descriptions thereof in the office of the clerk of any county in which the applicant does business and in the office of the Secretary of State.
For each filing as herein provided the Secretary of State shall receive a fee of $20.00 and the county clerk shall receive a fee of $5.00.
Amended by L.1947, c. 102, p. 517, s. 2; L.1971, c. 171, s. 6, eff. June 1, 1971.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-17 - Descriptions published in newspaper

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 successively, in a newspaper published in the county in which such description may be filed as provided by said section 56:3-16.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-19 - Affidavit of publication as evidence of publication and matters therein stated

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 section 56:3-17 of this title, showing that the same has been published as so required, annexed to a printed copy of the description as published, shall be received as evidence of the required publication and also of the matters therein stated in all courts and places.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-20 - Unlawful use or disposition of containers marked with registered name, mark or device

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 the articles or products mentioned in said section 56:3-15, or shall sell, buy, give, take, possess, use, dispose of or traffic in, any bottle, container or receptacle enumerated in said section 56:3-15 which is so marked or distinguished with or by any name, mark or device, a description of which has been filed as provided by section 56:3-16 of this title; nor shall any person or corporation deface, obliterate, destroy, cover up, or otherwise remove or conceal any such name, mark or device on any such bottle, container or receptacle, without the written consent of the owner or proprietor thereof, unless the same has been purchased from such owner or proprietor.
No person or corporation, to whom or to which any of the articles or products mentioned in section 56:3-15 of this title has been delivered in any of the bottles, containers or receptacles mentioned in said section 56:3-15 by the owners or proprietors thereof, shall be deemed to have violated the provisions of this article by having in his possession any such marked receptacles, unless such person or corporation retains such bottles, containers or receptacles for a period longer than is reasonably necessary after the contents placed therein by the owner or proprietor thereof have been removed therefrom.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-21 - Violations of article; imprisonment or fine

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 one year, or by a fine of five dollars for each bottle, container or receptacle mentioned in section 56:3-15 of this title filled, sold, bought, given, taken, used, disposed of, trafficked in or possessed in contravention of this article, or by both such imprisonment and fine, and for each subsequent offense by imprisonment for not less than twenty days nor more than one year, or by a fine of ten dollars for each such bottle, container or receptacle so filled, sold, bought, given, taken, possessed, used, disposed of, or trafficked in, or by both such imprisonment and fine, in the discretion of the court or magistrate before which or whom the offense is tried.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-22 - Taking possession of unlawfully used containers marked with registered name, mark or device

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 article, whether the same be empty, or full or partly full of any liquid, beverage or other substance, and shall not be liable in damages therefor, or for any trespass arising out of such taking possession. If any person having possession of any such bottle, container or receptacle refuses to empty the same of its contents, immediately, upon notice and demand by the owner or proprietor thereof, or his or its agents, such owner or proprietor or agents may empty such bottle, container or receptacle, and shall not be liable therefor.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-23 - Collection and enforcement of penalties, jurisdiction

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 court, of any provision of this article. The proceedings shall be summary and in accordance with "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). Process shall be either in the nature of a summons or warrant and shall issue in the name of the State, upon the complaint of any person.
Amended 1953,c.53,s.4; 1991,c.91,s.520.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-25 - Search warrant for unlawfully used containers marked with registered name, mark or device; procedure thereon

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 or receptacle mentioned in section 56:3-15 of this Title, the property of any person or corporation who or which has complied with the provisions of sections 56:3-16 and 56:3-17 of this Title, are being filled, sold, bought, given, taken, possessed, used, disposed of or trafficked in by any person or corporation in violation of this article, the court shall issue a search warrant to discover and obtain such bottles, containers or receptacles, and to bring before the court the person in whose possession bottles, containers or receptacles may be found. If any such bottles, containers or receptacles are found in the possession of any such person in violation of the provisions of this article, the court issuing the search warrant shall proceed summarily in a criminal proceeding to trial and judgment, and, upon a conviction and judgment, shall also award possession of the bottles, containers or receptacles taken under the search warrant to the owners or proprietors thereof.
Amended 1953,c.53,s.6; 1991,c.91,s.521.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-26 - Presumptive evidence of ownership of containers

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 title, shall be presumptive evidence, in any proceeding or trial, that the owner or proprietor of any such name, mark or device is the owner or proprietor of such bottle, container or receptacle.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-27 - Disposition of fines and costs imposed and collected

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 cases are by law disposed of, and all such fines and costs imposed and collected in any other municipality shall be disposed of as provided by law.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-28 - Deposit made on delivery of containers not sale thereof

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 published as provided by sections 56:3-16 and 56:3-17 of this title, shall not be deemed a sale of any such bottle, container or receptacle, either optional or otherwise.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-29 - Civil penalties for violations of article; action at law

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 56:3-15 of this title, filled, sold, bought, given, taken, used, disposed of, trafficked in or possessed in violation of the provisions of this article, and, for the second and each subsequent offense, a penalty of double that amount, recoverable by the owner or proprietor of any such bottle, container or receptacle, or his agent, in an action at law in any court of competent jurisdiction.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-32 - Rights of registrants under prior laws

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 published according to the law existing at the time of such filing and publication, shall not be required to again file and publish such description in order to be entitled to the benefits of this article; but may avail himself or itself of any or all of the provisions, modes of procedure and methods of protection provided for in this article, as fully as if he or it had registered such names, marks or devices under and in accordance with the provisions of this article.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-33 - Proceedings pending under prior laws

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, porter, ale, beer, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, white beer or other beverages or medicines, medical preparations, perfumery, oils, compounds or mixtures," approved March twenty-first, one thousand nine hundred and twenty-five (L.1925, c. 246, p. 678), or any other pre-existing law of a like nature, shall not abate, but may be proceeded into final judgment thereunder.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-34 - Laws concerning shippers of milk and milk cans not affected

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 concerning milk cans.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-35 - Filing names, marks or devices; fee

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 trade-mark or device branded, stamped, marked, sewed, or otherwise impressed thereon, may file, in the office of the clerk of the county in which his principal place of business is situated, a description of such name, trade-mark or device, and cause such description to be printed once a week for three successive weeks in a newspaper published in such county, or if his principal place of business is in another state such filing shall be made in the office of the clerk of any county in this state in which business is done, and such description printed for three successive weeks in any newspaper published in such county. For such filing there shall be paid to the county clerk two dollars for each such name, mark or device so filed.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-36 - Effect of filing

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 such mark may be branded, stamped, marked, sewed, or otherwise impressed or produced thereon.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-37 - Assignment of business; procedure

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 certificate of such assignment in the office of the clerk of the county in which his principal place of business is situated, and cause such certificate to be printed once each week for three successive weeks in a newspaper published in such county, or, if the principal place of business of such assignee is in another state, the filing of such certificate of assignment shall be made in the office of the county clerk in any county of this state in which business is done, and printed once each week for three successive weeks in a newspaper published in such county.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-38 - Use or possession of supplies; defacing names, etc.; leases

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 cleanliness and sanitation, by supplying, furnishing, selling, transferring or renting the same for hire or compensation, or otherwise, or shall deface, erase, obliterate, cover up, or otherwise remove or conceal the name, trade-mark or device thereon, or shall give, take or otherwise dispose of such towels, coats, aprons, toilet cabinets or other toilet devices branded and marked as provided in this article, without the written consent of the owner whose name, mark or device shall be or have been upon such article or articles as provided in said sections 56:3-35 and 56:3-36.
The use of such article or articles at the place where the same are placed or delivered by the owner under an agreement, lease, or license from such owner, shall not be unlawful; nor shall anything in this article contained make it unlawful for any bona fide hotel, restaurant, cafe, or other public hostelry, to permit and allow the use of such article or articles to any guest, boarder, or any regularly hired employee thereof, during the period of any lease, renting or hiring agreement of such article or articles with the owner thereof.
The possession by any junk dealer or dealer in rags or second-hand articles, or person other than by the owner, lessee or sublessee thereof as herein provided, of any such marked or distinguished article or articles without such written consent shall be presumptive evidence of traffic in such goods and a violation of this section.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-39 - Washing marked articles

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 are so marked, named or distinguished as aforesaid, the possession of which is claimed by lease, or rental from the owner thereof as herein provided, except by the written consent of the owner thereof.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-40 - Deposit for safe-keeping or return of articles not sale thereof

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 sanitation as a deposit for security for the safe-keeping and return of such article or articles shall not constitute a sale of such property, either optional or otherwise.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-41 - Penalty; recovery; jurisdiction; procedure

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 subsequent offense to a penalty of two hundred dollars ($200.00), recoverable in a civil action before the Superior Court or municipal courts, which courts within their respective territorial jurisdictions, shall have jurisdiction to hear and determine actions brought under this article. An action for the recovery of a penalty under this article may be instituted by any person aggrieved or damnified by a violation of this article. The penalty, when recovered in the Superior Court shall be paid to the treasurer of the county, and, when recovered in a municipal court, shall be paid to the treasurer of the municipality.
Amended 1953,c.53,s.9; 1991,c.91,s.522.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-42 - Unlawful use or other disposition of milk or cream cans

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 shipper of milk or cream residing in this state or elsewhere, who may ship milk or cream to any city, town or place within this state, or who may buy or sell milk or cream within this state, which can has the name or initials of the owner or owners, dealer or dealers, or shipper or shippers, stamped, marked or fastened thereupon, or willfully mar, erase or change by remarking or otherwise such name or initials.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-43 - Agent of railroad for protection of cans

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 shipped over such railroad, on such terms of compensation as may be arranged between such railroad company and any such agent.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-44 - Presumptive evidence of unlawful use

56:3-44. Presumptive evidence of unlawful use
The fact of any person, without the written consent of the owner, dealer or shipper thereof, or his agent, either using, selling, disposing of, buying, trafficking in or having in his possession or under his control, or having on, in or about his premises, any such milk or cream can or cans, shall be presumptive evidence of the unlawful use, purchase or traffic in such can or cans.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-45 - Emptying and taking possession of cans unlawfully used

56:3-45. Emptying and taking possession of cans unlawfully used
Any can or cans mentioned in section 56:3-42 of this title, full or partly full of milk or cream, used in violation of the provisions of this article, may be emptied of their contents by the owner, dealer or shipper, or his agent, and taken possession of by any of such several parties, without being liable in damages therefor, upon first giving notice to the person having the possession of such can or cans to empty the same.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:3-46 - Penalty for violations of article; amount; recovery; procedure

56:3-46. Penalty for violations of article; amount; recovery; procedure
Any person who shall, in violation of this article, either use, sell, dispose of, buy, traffic in or have in his possession, or in, on or about his premises any such can or cans, or who shall willfully mar, erase or change by remarking or otherwise the name or initials of any such owner, dealer or shipper, so stamped, marked or fastened upon such can or cans, or who shall have any such can or cans on, in or about his premises as in this article provided, shall be liable to a penalty of fifty dollars for each and every such can either so used, sold, disposed of, bought, trafficked in, or found in his possession or in, on or about his premises.
The penalty prescribed by this section shall be recovered in an action at law, to be brought in the name of the owner, dealer or shipper in any court of this state having cognizance thereof, with costs of action and such reasonable disbursements as any such owner, dealer or shipper, or his agent, may incur in retaking possession of any such can or cans, to be determined in such action.