Section 57-3B-14 – Infringement.
Any person shall be liable in a civil action by the registrant for any and all of the remedies provided in Section 16 [57-3B-16 NMSA 1978] of the Trademark Act, who shall: A. use, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered under the Trademark Act […]
Section 57-3B-15 – Injury to business reputation; dilution.
A. The owner of a mark that is famous in this state shall be entitled, subject to the principles of equity, to an injunction against another’s use of a mark, commencing after the owner’s mark becomes famous, that causes dilution of the distinctive quality of the owner’s mark and to obtain other relief as is […]
Section 57-3B-16 – Remedies.
Any owner of a mark registered under the Trademark Act may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations of that mark and any court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display or sale as may be deemed just and reasonable by […]
Section 57-3B-17 – Applicability.
Any registration of a mark in force upon the effective date of the Trademark Act shall continue in effect for the remainder of its unexpired term and may be renewed under the provisions of that act within six months prior to the expiration specified in its registration. The provisions of the Trademark Act shall not […]
Section 57-3B-9 – Assignments; changes of name and other instruments.
A. A mark and its representation shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. The assignment shall be by instruments in writing duly executed and may […]
Section 57-3B-10 – Records.
The secretary shall keep for public examination a record of all marks registered or renewed under the Trademark Act and a record of all documents recorded pursuant to Section 9 [57-3B-9 NMSA 1978] of the Trademark Act. History: Laws 1997, ch. 197, § 10.
Section 57-3B-11 – Cancellation.
The secretary shall cancel from the register, in whole or in part: A. a registration where the secretary shall receive a voluntary request for cancellation from the registrant or the assignee of record; B. a registration granted under the Trademark Act and not renewed in accordance with its provisions; C. a registration of which a […]
Section 57-3B-12 – Classification.
The secretary shall by regulation establish a classification of goods and services for convenience of administration of the Trademark Act but not to limit or extend the applicant’s or registrant’s rights. A single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually […]
Section 57-3B-13 – Fraudulent registration.
A person who, for himself on or [or on] behalf of any other person, procures the filing or registration of any mark in the office of the secretary by knowingly making any false or fraudulent representation or declaration, orally or in writing or by any other fraudulent means, shall be liable to pay all damages […]
Section 57-3B-4 – Registrability.
A. A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it: (1) consists of or comprises immoral, deceptive or scandalous matter; (2) consists of or comprises matter that may disparage or falsely suggest a connection with […]