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;
(2) if a corporation, limited liability company or partnership, the state of incorporation, or if a partnership, the state in which the partnership is organized;
(3) the date claimed for the first use of the mark anywhere;
(4) the date claimed for the first use of the mark in New Mexico;
(5) the class and description of goods or services on or in connection with which the mark is used; and
(6) the registration date and the term of registration.
B. A certificate of registration issued by the secretary or a copy of the certificate of registration duly certified by the secretary shall be admissible in evidence as competent and sufficient proof of the registration of the mark in any actions or judicial proceedings in this state.
History: Laws 1997, ch. 197, § 7.
Generally speaking, trademarks are subject to assignment or transfer except when such are identifiable as personal to an individual, exempli gratia, an artist's mark or signature. Thus, to enjoy the protection afforded under our registration laws, it would only be necessary that the fact of such assignment be made known to the specific recorder (secretary of state) by filing written and substantiated notice thereof. 1958 Op. Att'y Gen. No. 58-81 (rendered under former law).
Failure to record notice of assignment leaves assignee unprotected. — No period of time is provided for in which the assignee of trademark right must record or otherwise give public notice of the fact of transfer, but also, that a failure to effect such notice leaves the assignee without protection of the law as would otherwise be provided. 1958 Op. Att'y Gen. No. 58-81 (rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 74 Am. Jur. 2d Trademarks and Tradenames §§ 21, 26, 27.
87 C.J.S. Trademarks, Tradenames and Unfair Competition §§ 171 to 179.
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