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 […]
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
A. Upon compliance by the applicant with the requirements of the Trademark Act, the secretary shall issue and deliver a certificate of registration to the applicant. The certificate of registration shall be issued under the signature of the secretary and the seal of the state, and it shall show: (1) the name and business address; […]
A. A registration of a mark is effective for ten years from the date of registration. An application for renewal shall be filed within six months prior to its expiration in the manner required by the secretary. The renewed registration shall be effective for ten years from the date of expiration of the original registration. […]
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 […]
