How to Register a Trademark in New Jersey (2026)
Reviewed by DocDraft Legal Team · New Jersey · Last updated August 12, 2026
A New Jersey state trademark or service mark is registered with the Division of Revenue and Enterprise Services (DORES) in the Department of the Treasury, under the state trademark act at N.J.S.A. 56:3-13.1 et seq. You file Form TMSM-01, and the fee is $50 per registration plus $50 for each additional class. A New Jersey registration lasts five years and is renewable, and it protects your mark only within New Jersey. Most businesses that sell across state lines or online should register federally with the USPTO instead, since that is the only route to nationwide priority.
Where do I register a state trademark in New Jersey?
You register with the New Jersey Division of Revenue and Enterprise Services (DORES), part of the Department of the Treasury, not the USPTO. You submit Form TMSM-01 with a drawing of the mark and three specimens showing actual use. The governing statute is the state trademark act at N.J.S.A. 56:3-13.1 et seq.
How much does a trademark registration cost in New Jersey?
The DORES fee is $50 per registration, plus $50 for each additional class of goods or services on the same application. Expedited handling adds $15 per transaction for processing within about 8.5 business hours. That is far below the USPTO base fee of $350 per class for a federal registration.
How long does a New Jersey trademark registration last?
A New Jersey registration runs for a five-year term and can be renewed for additional five-year periods as long as you keep using the mark. You renew using Form TMSM-02. That five-year term is shorter than the federal ten-year term, so New Jersey owners have to calendar renewals more often.
Does a New Jersey trademark protect me outside the state?
No. A DORES registration under N.J.S.A. 56:3-13.1 et seq. gives you rights and notice only within New Jersey. It cannot stop use in other states and gives no nationwide priority. If you sell across state lines or online, a federal USPTO registration is the tool that provides protection beyond New Jersey.
New Jersey: a Treasury-run registry and a modern trade-secret statute
Unlike most states, New Jersey does not run trademark registration through the Secretary of State. Marks are handled by the Division of Revenue and Enterprise Services (DORES) inside the Department of the Treasury, under the state trademark act at N.J.S.A. 56:3-13.1 et seq., with definitions set out at N.J.S.A. 56:3-13.1a. The registry uses a numbered TMSM form set (TMSM-01 to register, TMSM-02 to renew, TMSM-03 to assign, TMSM-04 to amend, TMSM-05 to cancel) and charges a flat $50 per class. New Jersey was also a comparatively late adopter of the Uniform Trade Secrets Act, enacting the New Jersey Trade Secrets Act at N.J.S.A. 56:15-1 et seq. in early 2012. Before that, trade-secret disputes ran on common law. The state version keeps that common-law heritage explicitly and broadens the definition of improper means beyond the model act. New Jersey has no right-of-publicity statute, so misappropriation of a person's name or likeness is governed by common law developed in cases like Palmer v. Schonhorn Enterprises (1967) and Faber v. Condecor (1984).
Relevant Laws
New Jersey Trademark Act, N.J.S.A. 56:3-13.1 et seq.
The state statute governing registration of trademarks and service marks in New Jersey, with definitions at N.J.S.A. 56:3-13.1a. Administered by the Division of Revenue and Enterprise Services.
NJ Division of Revenue and Enterprise Services: Register a Trademark or Service Mark
The official Treasury page for state trademark filing. Sets the $50-per-class fee, the five-year term, and the TMSM form set (TMSM-01 to register, TMSM-02 to renew).
New Jersey Trade Secrets Act, N.J.S.A. 56:15-1 et seq.
New Jersey's version of the Uniform Trade Secrets Act, enacted in 2012. Provides civil remedies for misappropriation of trade secrets and preserves existing common-law rights.
Lanham Act (Trademark Act of 1946), 15 U.S.C. §1051 et seq.
The federal statute governing USPTO trademark registration and nationwide rights. The route New Jersey businesses use for protection beyond the state's borders.
Regional Variances
New Jersey state registration vs. federal vs. common law
New Jersey (DORES, Treasury)
Filed on Form TMSM-01 under N.J.S.A. 56:3-13.1 et seq. Fee is $50 per class; term is five years, renewable with Form TMSM-02. Rights and notice are limited to New Jersey.
Federal (USPTO)
$350 per class, ten-year term, renewable. Gives nationwide priority, the registered symbol, and federal-court enforcement. The right tool for interstate or online sellers.
Common law (use alone)
Rights arise from use within your actual New Jersey trading area, at no cost, but are the hardest to prove and cannot stop out-of-area use.
New Jersey rules on related intellectual-property issues
Trade secrets
Covered by the New Jersey Trade Secrets Act, N.J.S.A. 56:15-1 et seq., enacted in 2012. A version of the Uniform Trade Secrets Act that also preserves common-law remedies.
Right of publicity
No New Jersey statute. The right to control commercial use of a name or likeness is common law, recognized in Palmer v. Schonhorn (1967) and Faber v. Condecor (1984).
Renewal cadence
New Jersey's five-year term is shorter than the federal ten-year cycle, so state registrants must track renewals twice as often to keep the mark alive.
Suggested Compliance Checklist
Confirm actual use of the mark in New Jersey
Before filing days after startingThe DORES registry under N.J.S.A. 56:3-13.1 et seq. is use-based. Gather dated proof and three specimens showing the mark on goods, packaging, or in the sale of services.
Clear the mark against existing registrations
Before filing days after startingSearch the USPTO Trademark Search database and New Jersey business records for confusingly similar marks on related goods or services. A prior federal registrant can block your use even inside New Jersey.
Classify goods or services and total the fee
Before filing days after startingList each class your mark covers. DORES charges $50 for the first class and $50 for each additional class, so the class count sets your total cost.
File Form TMSM-01 with DORES
When ready days after startingSubmit the Application to Register a Trademark or Service Mark to the Division of Revenue and Enterprise Services with $50 per class payable to the Treasurer, State of New Jersey. Add $15 for expedited handling.
Calendar the five-year renewal
Before the 5-year term ends days after startingA New Jersey registration lasts five years. File Form TMSM-02 to renew while still using the mark, and consider a parallel USPTO filing for protection beyond the state.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use of the mark in New Jersey | The DORES registry under N.J.S.A. 56:3-13.1 et seq. is use-based. Gather dated proof and three specimens showing the mark on goods, packaging, or in the sale of services. | - | Before filing |
| Clear the mark against existing registrations | Search the USPTO Trademark Search database and New Jersey business records for confusingly similar marks on related goods or services. A prior federal registrant can block your use even inside New Jersey. | - | Before filing |
| Classify goods or services and total the fee | List each class your mark covers. DORES charges $50 for the first class and $50 for each additional class, so the class count sets your total cost. | - | Before filing |
| File Form TMSM-01 with DORES | Submit the Application to Register a Trademark or Service Mark to the Division of Revenue and Enterprise Services with $50 per class payable to the Treasurer, State of New Jersey. Add $15 for expedited handling. | trademark-application | When ready |
| Calendar the five-year renewal | A New Jersey registration lasts five years. File Form TMSM-02 to renew while still using the mark, and consider a parallel USPTO filing for protection beyond the state. | - | Before the 5-year term ends |
Frequently Asked Questions
If you sell only within New Jersey, a DORES registration at $50 per class is a cheap, fast option. If you sell across state lines or online, register federally with the USPTO, since only a federal registration gives nationwide priority, the right to use the registered symbol, and access to federal court. Many New Jersey businesses do both.
You use Form TMSM-01, the Application to Register a Trademark or Service Mark, filed with the Division of Revenue and Enterprise Services in the Department of the Treasury. The related forms are TMSM-02 to renew, TMSM-03 to assign, TMSM-04 to amend, and TMSM-05 to cancel. You must include a drawing of the mark and three specimens of actual use.
Yes. New Jersey enacted the New Jersey Trade Secrets Act, N.J.S.A. 56:15-1 et seq., in early 2012, making it one of the later states to adopt a version of the Uniform Trade Secrets Act. The New Jersey version preserves existing common-law remedies and broadens what counts as improper means of acquiring a trade secret.
No. New Jersey has no right-of-publicity statute, so the right to control commercial use of your name or likeness is governed by common law. New Jersey courts have recognized the claim in decisions such as Palmer v. Schonhorn Enterprises (1967) and Faber v. Condecor (1984), which upheld liability for unauthorized commercial use of a person's identity.
Standard processing at the Division of Revenue and Enterprise Services runs on the office's normal queue. For a faster turnaround you can pay the $15-per-transaction expedited fee, which targets processing within about 8.5 business hours. Because the registry is use-based rather than examined like the USPTO, there is no lengthy opposition period.
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