N.J. Stat. tit. 29, ch. 3

in effect

N.J. Stat. § 29:3-1 Definitions

As used in this chapter "person" includes partnership and corporation; "owner" means any person as herein defined owning, conducting or operating an hotel; "register" or "registration" means the performance of the acts herein required, whereby a person becomes the owner of an hotel name.

N.J. Stat. § 29:3-2 § 29:3-2

Nothing in this chapter contained shall be construed as prohibiting a person from using his own true name in connection with the operation of an hotel heretofore or hereafter erected.

N.J. Stat. § 29:3-3 § 29:3-3

Any person engaged in and conducting the business of an hotel in this state may register the name by which such hotel is known and designated in the manner hereinafter provided, and, upon compliance with the provisions of sections 29:3-4 to 29:3-6 of this title, shall have the right to the exclusive use of such name or designation for an hotel in this state.

N.J. Stat. § 29:3-4 § 29:3-4

A person desiring to register the name or designation of an hotel shall file in the office of the secretary of state a verified petition, containing the facsimile of such name, specifically describing the location of the hotel so named and stating the name and address of the person owning or operating the hotel, with such other recitals as the secretary of state may require.

N.J. Stat. § 29:3-5 § 29:3-5

A duplicate-original or a certified copy of the petition mentioned in section 29:3-4 of this title shall be filed in the office of the clerk of the county in which the hotel is situate.

N.J. Stat. § 29:3-6 § 29:3-6

A copy of the petition mentioned in section 29:3-4 of this title shall be printed once each week for three consecutive weeks in a newspaper published in the county in which the hotel is situate.

N.J. Stat. § 29:3-7 § 29:3-7

Upon compliance with the provisions of this chapter and on proof of the publication of the petition as required by section 29:3-6 of this title, the secretary of state shall deliver to the person named in the petition a certificate of the record of the filing of such petition. Such certificate shall be prima facie evidence of the right of the person therein named to the exclusive use of the name or designation therein stated in this state for hotel purposes.

N.J. Stat. § 29:3-8 § 29:3-8

A person may register in the manner herein provided the name of an hotel yet to be erected. If such person shall not begin the construction of such hotel within one year after such registration and prosecute its construction to completion with reasonable dispatch, he shall be deemed to have abandoned the right to use such name or designation.

N.J. Stat. § 29:3-9 § 29:3-9

The secretary of state and each county clerk shall keep an alphabetical index of the names of all persons filing petitions under authority of this chapter and a similar index of the names and designations referred to therein.

N.J. Stat. § 29:3-10 Fees of secretary of state and county clerks

For services herein enumerated pursuant to this chapter, the Secretary of State and the county clerk shall each receive the following fees: a. for filing and recording a petition or certificate of registration of name, proof of publication of registration of name, an assignment of a name or a certificate of abandonment, $20.00; b. for a certificate of filing or a certified copy of any of the above, $5.00. Amended by L.1971, c. 170, s. 1, eff. June 1, 1971.

N.J. Stat. § 29:3-11 § 29:3-11

The secretary of state shall not register any name or designation identical with any other name or designation already registered under the provisions of this chapter or any heretofore existing law, or any name or designation so similar to a name or designation so registered as would be liable to deceive or mislead the public, unless the prior registration has been revoked as herein provided or has been otherwise abandoned.

N.J. Stat. § 29:3-12 Revocation of registration by court

29:3-12. Revocation of registration by Superior Court. A person aggrieved by the registration of a hotel name or designation by another person may bring an action in Superior Court against such other person, and the court may direct the revocation of such registration, if it be determined that such other person has not the right to the use of such name or designation because of the prior use thereof by another. Amended 1953,c.28,s.2; 1991,c.91,s.307.

N.J. Stat. § 29:3-13 § 29:3-13

No person, other than the owner of a name or designation which has been registered as herein provided or as provided by any heretofore existing law, shall, without the written consent of such owner, use, in any manner whatsoever, for the name or designation of an hotel in this state, either directly or indirectly, a name or designation so registered, or a name or designation so similar to a name or designation so registered as to deceive or mislead the public.

N.J. Stat. § 29:3-14 § 29:3-14

Any person to whom a certificate has been issued by the secretary of state pursuant to section 29:3-7 of this title may assign such certificate to another person. A written notice of such assignment, subscribed and acknowledged by the assignor, may be filed in the offices in which the name or designation is registered, and thereupon the assignee shall become the owner of such name or designation for all the purposes of this chapter.

N.J. Stat. § 29:3-15 § 29:3-15

Nonuse for a period of one year of the name or designation described in any certificate issued by the secretary of state pursuant to section 29:3-7 of this title shall operate as an abandonment of the right to use such name or designation thereafter.

N.J. Stat. § 29:3-16 § 29:3-16

The proprietor of a name or designation registered pursuant to the provisions of this chapter or of any heretofore existing law may file a written notice of abandonment thereof, subscribed and acknowledged by him, in the offices in which the name or designation is registered. Thereupon the rights of the subscriber of such notice, acquired by the registration of such name or designation, shall cease, and such name or designation may be used by others as though it had not been registered.

N.J. Stat. § 29:3-17 § 29:3-17

Any person violating any of the provisions of this chapter shall, for each day during which such violation continues, be liable to a penalty of twenty-five dollars, recoverable in an action at law by any person as a common informer. A penalty, when recovered, shall be paid into the state treasury.

N.J. Stat. § 29:3-18 § 29:3-18

Before an action for a penalty is commenced under authority of section 29:3-17 of this title at least ten days' notice thereof shall be given to the alleged violator. If, before the expiration of such time, the alleged violator ceases his violation he shall not be liable to the penalty.

N.J. Stat. § 29:3-19 Jurisdiction of action for penalty

29:3-19. Civil actions for penalties for violations of this chapter may be brought in the Superior Court or the municipal court of the municipality wherein the violations occurred, both of which courts are given jurisdiction to hear and determine such actions. Amended 1953,c.28,s.3; 1991,c.91,s.308.

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