New Jersey § 56:3-13

§ 56:3-13.

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 ).