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 […]
Section 57-3B-5 – Application of registration.
A. Subject to the limitations set forth in the Trademark Act, any person who uses a mark may file in the office of the secretary on a form prescribed by the secretary an application for registration of that mark setting forth, but not limited to, the following information: (1) the name and business address of […]
Section 57-3B-6 – Filing of application.
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 Trademark 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 […]
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 […]