Trademark Infringement Lawyer in Bergen County, NJ
Trademark infringement in Bergen County involves the unauthorized use of a protected mark, governed by the Lanham Act and New Jersey common law. If your brand is being used without permission, a trademark infringement lawyer Bergen County can help you enforce your rights. Law Offices Of SRIS, P.C. provides focused legal representation for businesses and individuals facing these complex disputes. Contact us for a consultation.
What is Trademark Infringement in New Jersey?
Trademark infringement occurs when a party uses a mark that is identical or confusingly similar to a registered trademark in connection with goods or services, skilled to a likelihood of consumer confusion. In New Jersey, claims are primarily based on the federal Lanham Act (15 U.S.C. § 1114) and state common law. The key test is whether the unauthorized use is likely to cause confusion, mistake, or deception among consumers about the source of the goods or services.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the federal trademark statute, see the Lanham Act, 15 U.S.C. § 1114. For New Jersey court procedures and rules governing civil litigation of these claims, refer to the Superior Court of New Jersey, Bergen Vicinage website.
Local Process for Trademark Infringement Cases in Bergen County
In Bergen County, trademark infringement lawsuits are filed in the Law Division of the Superior Court. The process is governed by the New Jersey Rules of Court and involves specific local procedures. The court’s mandatory Early Settlement Panel requires parties to attempt resolution early in the case. A trademark infringement lawyer Bergen County familiar with these local rules is essential for handling the process effectively.
- Cease and Desist: Your attorney will typically start by sending a formal cease-and-desist letter to the infringing party, demanding they stop the unauthorized use.
- File Complaint: If the dispute is not resolved, a complaint is filed with the Superior Court Law Division in Hackensack, initiating the lawsuit.
- Case Management & Discovery: The court will schedule conferences to manage the case. Both sides exchange evidence through the discovery process.
- Early Settlement Panel: The court will refer the case to a mandatory Early Settlement Panel to explore resolution before significant litigation costs accrue.
- Motion Practice & Trial: If settlement fails, the case may proceed through motions (e.g., for summary judgment) and, if necessary, to a bench or jury trial.
- Enforcement of Judgment: If you prevail, your attorney will help enforce the court’s judgment, which may include an injunction and monetary damages.
Potential Outcomes and Remedies
In Bergen County, a successful trademark infringement claim can result in an injunction to stop the infringing activity, monetary damages for lost profits, and potentially the recovery of your attorney’s fees.
| Potential Remedy | Description | Legal Basis |
|---|---|---|
| Injunction | A court order prohibiting the infringer from using the mark. | 15 U.S.C. § 1116 |
| Monetary Damages | Recovery of the infringer’s profits, your actual damages, and possibly treble damages for willful infringement. | 15 U.S.C. § 1117 |
| Attorney’s Fees | In exceptional cases, the court may award reasonable attorney’s fees to the prevailing party. | 15 U.S.C. § 1117(a) |
| Destruction of Infringing Goods | Court may order the seizure and destruction of counterfeit goods. | 15 U.S.C. § 1118 |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Trademark Matter
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings a strategic, detail-oriented approach to complex business disputes like trademark infringement. We understand that protecting your brand is protecting your business’s value and reputation. Our team focuses on clear communication and developing a case strategy case-specific to your specific goals, whether through negotiation, litigation, or alternative dispute resolution.
Contact a Bergen County Trademark Infringement Attorney
If you need to enforce your trademark rights or are accused of infringement, contact our firm. We offer 24/7 phone consultations to discuss your situation. For those seeking an affordable trademark infringement lawyer Bergen County, we provide clear fee structures and work to resolve matters efficiently.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Our New Jersey location serves clients throughout Bergen County, including Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst. We are accessible via I-80, the NJ Turnpike, and Route 17. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the first step if I think my trademark is being infringed?
Yes. The first step is typically to consult with a trademark infringement lawyer Bergen County who can investigate the use, assess the strength of your claim, and usually begin by sending a cease-and-desist letter to the party you believe is infringing.
How long does a trademark infringement lawsuit take?
It depends on the complexity and how contested the case is. In Bergen County Superior Court, a Law Division case can typically take 12 to 24 months from filing through discovery, motions, and potential trial. Many cases settle earlier through the court’s mandatory Early Settlement Panel process.
Can I recover the money I spend on legal fees?
Possibly. Under the Lanham Act, a court may award reasonable attorney’s fees to the prevailing party in “exceptional” cases, which often involves a finding of willful infringement. However, fee awards are not automatic and depend on the specific facts of the case.
What is the difference between a trademark and a copyright?
Trademarks protect brand names, logos, and slogans that identify the source of goods or services. Copyrights protect original works of authorship, like books, music, and software. The laws governing them and the remedies for infringement are different.
Where can I find a trademark infringement lawyer near me Bergen County?
Law Offices Of SRIS, P.C. represents clients in trademark matters throughout Bergen County from our New Jersey location. You can contact us 24/7 at (888) 437-7747 to schedule a consultation about your specific infringement issue.
Internal Resources: For related legal services, see our pages on Business Law in Bergen County and Contract Law in Bergen County. For matters in neighboring areas, consider our Civil Litigation Lawyer in Atlantic County.
Page Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding trademark infringement.