Instructions to complete the Original Application to Register
Trademark or Service Mark (TMSM-01)
Definitions:
A Trade Mark is any word, name, symbol or device or any combination thereof, used by a person to identify
and distinguish the goods of the person, including a unique product, from those manufactured and sold by
others, to indicate the source of the goods, even if that source is unknown.
A Service Mark is any word, name, symbol or device or any combination thereof, used by a person to identify
and distinguish the services of one person, including a unique service, from the services of others, to indicate
the source of the services, even if that source is unknown.
Specimen of the mark is a sample of the mark in use (i.e.-letter head, business cards, menu, website banner,
distinct photograph of shirt, sign, pen, or other item …please do not send the actual item).
Drawing of the mark: The mark shown on the drawing sheet must exactly match the mark shown in your
specimen and must coincide with the description in item 2 of the application. The “drawing” does not have to
be a hand-drawn depiction. You can print a picture of the mark onto the Drawing Sheet. The Drawing Sheet
cannot include any text, pictures, or other material that is not part of the mark. If the mark is a phrase (word
mark) it must be typed onto the drawing of the mark page. Submit on 8.5x11 sheet of paper labeled “Drawing
of the Mark”.
DO NOT GLUE and/or DRAW SPECIMENS/DRAWING OF THE MARK ONTO THE APPLICATION FORM.
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Item 1 – Mark Type: Check only one box per application (see definitions). Mark type must coincide with
classification number(s) (see item 4).
Item 2 – Name and description of Mark: All marks must be named. The name should be placed in quotes.
Type a brief description. In the case of a design mark, you may choose a name that fits its description
(i.e. – an image of a tree with rainbow and clouds can be named “tree rainbow”). In the case of a
phrase, the description should be listed as word mark.
Item 3 – Description of the Goods or Services Involved: Describe briefly and concisely the goods or the
services currently sold or provided.
Item 4 – Classification Number
(s): Must coincide with the mark type checked in item 1. More than one
classification number can be listed; however, an additional $50.00 charge is applicable for each
classification listed after the initial classification.
Please note: Only one type (Trademark or Servicemark) can be checked on the form. Multiple
Classifications can be used on the same form as long as they fall under the same mark type.
Item 5 – Applicant Information: Must list complete name and address (a and b). Must check one box on
line (c). Complete lines (d) and/or (e) if applicable.
Item 6 – Dates: Must list the date mark first used in New Jersey (mm/dd/yyyy). Listing a future date
(i.e.-reserve date) is prohibited. Date first used elsewhere is optional.
A trademark is “in use” when it has been placed on the goods, containers of the goods, or point-of-sale displays
of the goods, and the goods have been sold, displayed for sale, or otherwise publicly distributed in New Jersey.
A service mark is “in use” when (1) it is displayed in New Jersey in connection with the services, and (2) the
services are performed in New Jersey.
Item 7 – Signature(s) and Statement of Ownership: All signatures on original application (excluding
duplicate application) must be penned. Photocopy/faxed applications are not acceptable.
Application must be notarized.
Attach to the application: 1 drawing of the mark (see definitions)
3 specimens of the mark as actually used (see definitions)
