Preferably, this should be done federally, which gives you rights throughout the United States and the right to use the symbol, but state registrations are also possible. You can use the TM or SM symbols on marks you consider yours, without regard to whether a registration application has been filed. Federal Registration . The U.S. Patent and Trademark Office performs a search for confusingly similar marks and examines the application for other irregularities. The registrations are renewable.
Protection is accorded only within the state.
A federal registration supersedes any state registration, so a federal search should be done even if you intend to use or register the mark only in New Mexico. Examples of utility patents are those on the laser, the method of assisting persons to stop smoking by application of transdermal nicotine patches, and the software cryptographic method known as public key encryption. Before applying for a patent, you should search the trade literature and existing patents to see if someone else has already described your invention or something close. The staff there are extremely helpful. Patent applications are difficult and complex documents both technically and legally.