Legal Question in Intellectual Property in New Jersey

Trademark & Tradename

I bought a small business(corporation) last year in NJ which contained a license agreement which requires me to use the trademark of the seller and pay a monthly license fee. The trademark is basically a logo with the business name imbedded in the logo. The trademark is not registered anywhere and the business name embedded in the logo is my business's name which is a registered tradename(DBA) in the county where the business is located. The tradename(DBA) is registered in my name. Can I be forced to use and pay for a 'trademark' that has my legal business name embedded in it?

Asked on 6/19/08, 1:16 pm

1 Answer from Attorneys

Daniel Pepper Pepper Law Group, LLC

Re: Trademark & Tradename

The fact that your business name is embedded in the logo is irrelevant if you contractually agreed to pay the seller a monthly license fee for this mark. Unless there is something else in the agreement that would lend a different conclusion, it's not clear why you'd be excused from complying with a term to which you contractually agreed.

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Answered on 6/19/08, 1:24 pm

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