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Means any word, name, symbol, device, or any 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. (57-3B-3(H))NMSA
Items needed to register a Trademark/Service Mark
- Completed Application
- Three Specimens
- Registration Fee
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. Examples: business cards, letterhead, invoices, tags, flyers, sign etc. Copies not acceptable. Specimens must have a New Mexico address.
The registration fee is a minimum of $50, which includes the class code requirement. Each additional class code listed is an additional $25.
Instructions for Registering a Trademark/Service Mark
All information must be typed or printed legibly in black ink. Illegible applications will be returned for clarification.
- On line #1, write the name of the owner of the mark.
- On line #2, write the applicant’s business address (include city, state and zip code).
- On line# 3, write the state of incorporation or domestication.
- On line #4 write the name of the general partnership, limited partnership, or limited liability partnership if applicable.
- On line #5, write the name of the trademark/service mark being registered. If you are registering a logo, please include the words “and Logo.”.
- On line #6, specify how the mark is being used for advertising purposes (e.g. letterhead, business cards, flyers, signs etc.).
- On line #7, provide a full and complete written description of the mark you are registering. If registering words only please write “words only no logo or design”.
- On line #8, identify the physical business address where the products or services will be distributed, or where the services are made available in New Mexico (a PO Box is not acceptable).
- On line #9 , write the month, day and year of the first use of the mark anywhere.
- On line #10, write 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.
- On line #11, write the class code that best describes your goods/service. Refer to the International Schedule of Classes of Goods and Services. There is a $25.00 fee for each class code selected in addition to the registration fee of $25.00.
- On line #12, describe in detail the goods/services provided.
- Complete #13 if you want the certificate and other mailings sent to someone other than the applicant.
- 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 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