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-1 – Short title.
This act [57-3B-1 to 57-3B-17 NMSA 1978] may be cited as the “Trademark Act”. History: Laws 1997, ch. 197, § 1. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — Trademark licensor’s liability for injury or death allegedly due to defect in licensed product, 90 A.L.R.4th 981. Application of secondary meaning test in action for […]
Section 57-3B-2 – Purpose and intent of act.
The purpose of the Trademark Act is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. It is the intent that the construction given the federal act should be examined as persuasive authority for interpreting […]
Section 57-3B-3 – Definitions.
As used in the Trademark Act: A. “applicant” includes the person filing an application for registration of a mark under the Trademark Act as well as the legal representatives, successors or assigns of the person; B. “dilution” means the lessening of the capacity of the registrant’s mark to identify and distinguish goods or services regardless […]