|What is a Trademark?
||"Trademark" 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|
|What is a Service mark?
||"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. (57-3B-3(G))NMSA|
|What is the difference between a trademark, patent and a copyright?
||Patents protect inventions. Copyrights cover literary, artistic and musical works. Trademarks are names, words, symbols used by a person to identify and distinguish the goods of a person. Copyrights and patents are federal registrations. For further information go to www.uspto.gov|
|May I register my copyright with your office?
||No. Copyrights are registered federally in the United State Copyright Office of the Library of Congress. They may be contacted at (202)707-3000 or you may visit their web site at www.lcweb.loc.gov/copyright.|
|How do I apply for registration?
||A trademark/service mark application may be downloaded from this website, or you may contact us by calling 505.827.3609 to receive an application by mail. You must fill out the application completely, provide three different specimens showing the use of the mark, enclose $25.00 for the application fee, and $25.00 for each class code. Mail your check or money order payable to the Secretary of State, along with the application, specimens, and fees to the Office of the Secretary of State, 325 Don Gaspar, Suite 300, Santa Fe, New Mexico 87501.|
|What are specimens?
||Specimens are actual samples of how the mark is being used in commerce. If the trademark is used on goods, examples 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, catalogs are not acceptable specimens for goods. If you are registering words, numbers or letters without a logo or design, letterhead, business cards, invoice, 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 photos which show the mark either as it is used in the rendering or advertising of the services. In the case of a service mark, the 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.|
|Can I apply for more than one mark on one application?
||Only one mark may be filed per application.|
|What is the fee for registering a trademark?
||The application shall be accompanied by a fee of $25.00 for each application, and $25.00 per class code.|
|Where do I register my trademark Federally?
||For information on Federal trademark registrations contact the U.S. Patent and Trademark office at or by calling them at 1.800.786.9199 or by mail at U.S. Patent and Trademark Office, Washington, D.C. 20023.|
|How long is a New Mexico trademark registered for?
||A registration of a mark is effective for ten years from the date or registration. (57-3B-8)NMSA|
|Can I use the registered trademark symbol "R" within a circle ®?
||The registered trademark symbol "R" within a circle ® is for a trademark that has been registered federally. It can only be used after the United States Patent and Trademark Office actually registers the mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.|
|Should I conduct a trademark search before filing for registration of my trademark?
||It is definitely recommended. This will help you avoid the investment of money and time in registering a mark, especially if a conflict is discovered.|
|What protection does registering my trademark, service mark provide for me?
||The benefit of registering your trademark, service mark with the Secretary of State is that you have made public notice of your claim of ownership of your trademark, service mark.|
|Does registration with the Secretary of State prevent others from registering the same or similar trademark, service mark in other states?
|Registration of your trademark, service mark with our office, only applies to the state of New Mexico. You should consult with a trademark attorney to determine whether additional state registrations are needed.|
|May I reserve my trademark or service mark?
||No, your trademark, service mark must be in use prior to filing with the Secretary of State.|