Chapter 57 — Chapter 57

A. Any person or firm supplying clean laundered articles which are the supplier's property, periodically exchanging clean articles for soiled for a fixed compensation, may adopt, register and use a trademark or trade name in accordance with the Trademark Act [57-3B-1 to 57-3B-17 …

A. It is a petty misdemeanor for any person or firm, except the registrant, any person or firm having the written consent of the registrant or any person or firm having purchased the articles from the registrant, to: (1) sell, buy, rent, give, take or otherwise traffic in any art…

History: 1953 Comp., § 49-4-7, enacted by Laws 1959, ch. 345, § 1; 1977, ch. 144, § 1; 1991, ch. 38, § 1; repealed by Laws 1997, ch. 197, § 17.

ANNOTATIONS Repeals. — Laws 1991, ch. 38, § 3 repealed 57-3-3 NMSA 1978, as enacted by Laws 1977, ch. 144, § 2, relating to the issuance of certificate for trade name, effective June 14, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.

History: 1953 Comp., § 49-4-8, enacted by Laws 1959, ch. 345, § 2; 1971, ch. 141, § 1; repealed by Laws 1997, ch. 197, § 17.

History: 1953 Comp., § 49-4-8.1, enacted by Laws 1969, ch. 142, § 2; 1971, ch. 141, § 2; repealed by Laws 1997, ch. 197, § 17.

History: 1953 Comp., § 49-4-9, enacted by Laws 1959, ch. 345, § 3; repealed by Laws 1997, ch. 197, § 17.

History: 1953 Comp., § 49-4-10, enacted by Laws 1959, ch. 345, § 4; 1969, ch. 142, § 3; 1971, ch. 141, § 3; 1991, ch. 38, § 2; repealed by Laws 1997, ch. 197, § 17.

History: 1953 Comp., § 49-4-11, enacted by Laws 1969, ch. 142, § 4; repealed by Laws 1997, ch. 197, § 17.

History: 1953 Comp., § 49-4-11.1, enacted by Laws 1969, ch. 142, § 5; repealed by Laws 1997, ch. 197, § 17.

Sections 1 through 7 [57-3A-1 to 57-3A-7 NMSA 1978] of this act may be cited as the "Uniform Trade Secrets Act". History: Laws 1989, ch. 156, § 1.

As used in the Uniform Trade Secrets Act: A. "improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or espionage through electronic or other means; B. "misappropriation" means: (1) acquisition of a trade secret …

A. Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial ad…

A. Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complaintant [complainant] is entitled to recover damages for misappropriation. Damages can inc…

A. The court of proper jurisdiction may award reasonable attorneys' fees to the prevailing party if: (1) a claim of misappropriation is made in bad faith; (2) a motion to terminate an injunction is made or resisted in bad faith; or (3) willful and malicious misappropriation exist…

In an action under the Uniform Trade Secrets Act, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the actio…

An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purpose of this section, a continuing misappropriation constitutes a single claim. History: L…

This act [57-3B-1 to 57-3B-17 NMSA 1978] may be cited as the "Trademark Act". History: Laws 1997, ch. 197, § 1.

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 accordan…

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 good…

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, sha…

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. 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 …

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 sal…

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 provi…

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 giv…

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…

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 d…

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) th…

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, …

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, an…

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 da…

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 execu…

This act [57-3C-1 to 57-3C-5 NMSA 1978] may be cited as the "Patent and Copyright Act". History: Laws 2001, ch. 346, § 1.

As used in the Patent and Copyright Act: A. "department" means the economic development department; B. "patent" means the grant of certain property rights in an invention, as defined in federal patent laws, to an inventor that includes the right to exclude others from making, usi…

A. Inventions, innovations, works of authorship and their associated materials that are developed by a state employee, except an employee of a state educational institution, within the scope of his employment or when using state-owned or state- controlled facilities or equipment …

The department shall: A. be responsible for the administration of the Patent and Copyright Act; B. promulgate rules pursuant to the Patent and Copyright Act; C. apply, on behalf of the state, for the patent protection or registration of copyright and pay the associated expenses; …

The "patent and copyright fund" is created in the state treasury. Income received by the state pursuant to the Patent and Copyright Act shall be deposited in the patent and copyright fund. Money in the patent and copyright fund is appropriated to the economic development departme…

As used in Chapter 57, Article 5 NMSA 1978: A. "corporation" means any subsidiary holding company, joint purchasing or selling association, business trust, joint stock association and officers and agents or employees serving in any capacity; B. "person" means a natural person, pa…

in selection of pictures.] Any competitive exhibitor or exhibitors having contracts or franchise, with any producer and/or distributor continuing for a period of more than one year, at the time of the passage of this act, such competitive exhibitor, or exhibitors, shall not parti…

choosing pictures; selling or leasing to competitors; penalty for violation.] Producers and/or distributors or affiliated companies, owning and/or operating either directly or indirectly, any picture show or shows, theater or theaters, and exhibiting their own product therein, in…

intent to violate act; penalty.] The fact that any producer, distributor, owner or lessee of motion pictures fails, or refuses to permit exhibitors in competitive situations to make alternative selections in the presence of each other, each to either purchase or rent his proporti…

outside state unlawful; exception.] In all competitive situations where there is to be an alternative selection of motion pictures by competitive exhibitors, the producer and/or distributor shall set the date for such alternative selection in each competitive situation, and each …

Any person, or persons, or corporation, who shall violate any of the provisions of this act [57-5-1 to 57-5-22 NMSA 1978], shall be civilly liable in both actual and punitive damages to the person or persons injured, damaged or discriminated against for any and all damages occasi…

Any producer and/or distributor, who misrepresents, either orally or otherwise, the merit or box office value of any motion picture or pictures, at the time of sale or lease of any product, or part thereof, shall be held accountable therefor and if such producer and/or distributo…

The provisions of this act [57-5-1 to 57-5-22 NMSA 1978] shall not prohibit fair and equitable adjustments or changes in any contract for pictures in any competitive situation between producers, distributors and exhibitors, provided the same is openly arrived at, and each exhibit…

commission.] Attested copies of all contracts for motion pictures now in force in competitive situations shall be filed with the corporation commission [public regulation commission] within thirty days after this act becomes effective, and hereafter when competition begins in any…

process.] Every producer and/or distributor, manufacturer or seller of motion pictures in the state of New Mexico, and of leases, rights and contracts and agreements of every kind and nature by which motion pictures are exhibited in the state of New Mexico, shall appoint the chai…

pictures barred.] The requirements in Section eighteen [57-5-18 NMSA 1978] are hereby made a prerequisite to the right of any person, firm or corporation to sell, lease or otherwise distribute motion pictures within the state of New Mexico. Any person, firm or corporation selling…