Instructions for Registering a Trademark and/or Service Mark
You may call (800) 477-3632 to determine if the trademark and/or service mark has been previously registered in New Mexico. A listing of trademark search companies is included at the end of these instructions to assist you in searching federal registrations.
All information must be typed or printed legibly in black ink. Illegible applications will be returned for clarification.
Enter name of applicant on line #1.The name of the owner of the mark must be entered here.
Enter the applicant's business address on line #2. Enter address as it should appear on registration certificate.
Enter the state of incorporation or domestication on line #3 if the applicant is a corporation or limited liability company.
Complete line #4 if the applicant is a general partnership, limited partnership, or limited liability partnership.
Enter the trademark and/or service mark being registered on line #5.
On line #6, please specify how the mark will be used on the goods or with the services identified in #12 on the application.
On line #7, provide a full and complete written description of the mark you are registering. If registering words only please indicate 'words only no logo or design'. "Refer to attached specimen(s)" or similar wording is not acceptable.
On line #8, identify the jurisdiction(s) where the products or services will be distributed, or where the services are made available in New Mexico (a PO Box is not acceptable).
Enter on line #9 the month, day and year of the first use of the mark anywhere.
Enter on line #10 the month, day and year of first use of the mark in New Mexico. Trademark-service mark must be in use at the time application is submitted for registration.
Refer to the section entitled International Schedule of Classes of Goods and Serviceshttp://www.sos.state.nm.us/Business_Services/Schedule_of_Classes_of_Goods_and_Services.aspx ** to identify the goods or services of the mark being registered, and enter on #11. There is a $25.00 fee for each class code selected in addition to the registration fee of $25.00.
Describe the goods or services provided in connection with the use of the mark on line #12.
Complete #13 if you want the certificate and other mailings sent to someone other than the applicant.
Each application must be accompanied by three different specimens of the mark .The specimens must be actual samples of how the mark is being used in commerce. Copies not acceptable. Specimens must have a New Mexico address.
If the mark is used on goods, an example of acceptable specimens are tags or labels, which are attached to the goods, containers for the goods, or photographs of the goods showing the use of the mark on the goods themselves. Letterhead, business cards, invoices, or catalogs are not acceptable specimens for goods.
If you are registering words, numbers or letters without a logo or design, letterhead, business cards, invoices, and catalogs may be acceptable as specimens.
If the mark is used for services, examples of acceptable specimens are brochures about the services, business cards, advertisements for the services showing the mark in connection with the services or photographs that show the mark either as it is used in the rendering or advertising of the services. In the case of a service mark, specimens must either show the mark and include some clear reference to the types of services rendered, or show the mark as it is used in the rendering of a service.
Section 57-3A-3(G) provides the following definition of a service mark:
"G. 'service mark' means any word, name, symbol, device or any combination of these used by a person to identify and distinguish the services of one person, including a unique service, from the services of other persons and to indicate the source of the services, even if that source is unknown; provided, titles and character names used by a person and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they or the programs may advertise the goods of the sponsor;"
Section 57-3A-3(H) defines a trademark as follows:
"H. 'trademark' means any word, name, symbol, device or any other combination of these used by a person to identify and distinguish the goods of the person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if that source is unknown;"
17. The New Mexico Trademark Act requires that the trademark and/or service mark being registered be in use at the time that the application for registration is submitted. Section 57-3A-3(J) provides the following definition to be used in the registration of trademarks and/or service marks:
'use' means the bona fide use of a mark in the ordinary course of trade and not made merely to reserve a right in the mark. For the purpose of the Trademark Act, a mark is deemed to be in use:
On goods when it is placed in any manner on the goods or on the containers or the displays associated with it or on the tags or labels affixed to them, or if the nature of the goods make the placement impracticable, then on documents associated with the goods or their sale, and the goods are sold or transported in commerce in this state; and
On services when it is used or displayed in the sale or advertising of services and the services are rendered in this state."
If bona fide "use" as defined in the definition above is not evident in the specimens provided with the application, the applicant will be required to present proof of use as a condition for registration.
Trademark search companies that provide search services of Federal Trademark Registrations
You may contact the U.S. Patent and Trademark Office at http://www.uspto.gov for a search of a federal registration.
The Secretary of State's Office does not endorse the companies listed below nor is it the intention to exclude any company that is mentioned.
CCH CORSEARCH, INC.
GOVERNMENT LIAISON SERVICES, INC.
THOMSON & THOMSON
MICROPATENT has a search service available on the Internet that can be accessed at: http://www.micropat.com/
For Copyright Information, Contact the:
U.S. COPYRIGHT OFFICE
101 INDEPENDENCE AVE., S.E.
WASHINGTON, D.C. 20559-6000
FOR PATENT INFORMATION CONTACT:
PATENT EBC CUSTOMER SERVICE CENTER