reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2A - Cigarette Enforcement › Section 57-2A-10 - General provisions.

A. The Cigarette Enforcement Act shall be enforced by the department and the attorney general; provided that, at the request of the department, the state police and all local police authorities shall enforce the provisions of the Cigarette Enforcement Act.
B. For the purpose of enforcing the Cigarette Enforcement Act, the department or the attorney general may request information from any state or local agency, and may share information with, and request information from, any federal agency and any agency of any other state or any local agency thereof.
C. In addition to any other remedy provided by law, including enforcement as provided in Subsection A of this section, any person may bring an action for appropriate injunctive or other equitable relief for a violation of the Cigarette Enforcement Act; actual damages, if any, sustained by reason of the violation; and, as determined by the court, interest on the damages from the date of the complaint, taxable costs and reasonable attorney fees. If the trier of fact finds that the violation is flagrant, it may increase recovery to an amount not in excess of three times the actual damages sustained by reason of the violation.
History:
Laws 2000, ch. 77, § 10; 2009, ch. 197, § 24.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, in Subsection A, after "enforced by the department", added "and the attorney general"; and in Subsection B, after "the department", added "or the attorney general".
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2B - Fire-Safer Cigarette and Firefighter Protection › Section 57-2B-1 - Short title.

This act [57-2B-1 to 57-2B-12 NMSA 1978] may be cited as the "Fire-Safer Cigarette and Firefighter Protection Act".
History:
Laws 2009, ch. 265, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 1 effective January 1, 2010.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2B - Fire-Safer Cigarette and Firefighter Protection › Section 57-2B-2 - Definitions.

As used in the Fire-Safer Cigarette and Firefighter Protection Act:
A. "agent" means any person authorized by the taxation and revenue department to purchase and affix stamps on packages of cigarettes;
B. "cigarette" means:
(1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
(2) any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette as described in Paragraph (1) of this subsection;
C. "manufacturer" means:
(1) any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced that are intended to be sold in New Mexico, including cigarettes intended to be sold in New Mexico through an importer; or
(2) any entity that becomes a successor of an entity described in Paragraph (1) of this subsection;
D. "quality control and assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of the testing and that the testing repeatability remains within the required repeatability values in Subsection C of Section 3 [57-2B-3 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act for all test trials used to certify cigarettes under that act;
E. "repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time;
F. "retail dealer" means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products;
G. "sale" or "sell" means a transfer of or an offer or agreement to transfer title or possession by exchange, barter or any other means. In addition to cash and credit sales, giving cigarettes as samples, prizes or gifts and exchanging cigarettes for any consideration other than money is a "sale"; and
H. "wholesale dealer" means any person other than a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale and any person who owns, operates or maintains one or more cigarette or tobacco product vending machines on premises owned or occupied by another person.
History:
Laws 2009, ch. 265, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 2 effective January 1, 2010.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2B - Fire-Safer Cigarette and Firefighter Protection › Section 57-2B-4 - Certification and product change.

A. Each manufacturer shall submit to the state fire marshal a written certification attesting that each cigarette listed in the certification has been tested in accordance with the test method and meets the performance standard in Section 3 [57-2B-3 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act.
B. Each cigarette listed in the certification shall be described with the following information:
(1) the brand or the trade name on the package;
(2) the style, such as light or ultralight;
(3) the length in millimeters;
(4) the circumference in millimeters;
(5) the flavor, such as menthol or chocolate, if applicable;
(6) whether the cigarette has a filter or is a nonfilter cigarette;
(7) the package description, such as soft pack or box;
(8) the marking pursuant to Section 5 [57-2B-5 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act;
(9) the name, address and telephone number of the laboratory, if different than the manufacturer that conducted the test; and
(10) the date that the testing occurred.
C. The state fire marshal shall verify that the manufacture's certifications have been received by the state fire marshal and shall make the verified certifications available to the attorney general for purposes consistent with the Fire-Safer Cigarette and Firefighter Protection Act and to the taxation and revenue department for the purposes of ensuring compliance with this section.
D. Each cigarette certified under this section shall be recertified every three years.
E. For each cigarette listed in a certification, a manufacturer shall pay to the state fire marshal a fee of two hundred fifty dollars ($250). The state fire marshal may adjust the amount of the fee by rule on an annual basis as necessary to defray the costs of processing, testing, enforcement and oversight activities required by the Fire-Safer Cigarette and Firefighter Protection Act, but in no case shall the fee exceed four hundred dollars ($400). The state fire marshal may establish the amount of the fee by rule on an annual basis.
F. If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by the Fire-Safer Cigarette and Firefighter Protection Act, that cigarette shall not be sold or offered for sale in New Mexico until the manufacturer retests the cigarette in accordance with the testing standards set forth in Section 3 of that act and maintains records of that retesting as required by Section 3 of that act. Any altered cigarette that does not meet the performance standard set forth in Section 3 of that act shall not be sold in New Mexico.
History:
Laws 2009, ch. 265, § 4.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 4 effective January 1, 2010.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2B - Fire-Safer Cigarette and Firefighter Protection › Section 57-2B-5 - Marking of cigarette packaging.

A. Cigarettes that are certified by a manufacturer in accordance with the Fire-Safer Cigarette and Firefighter Protection Act shall be marked to indicate compliance with that act. The marking shall be in eight-point type or larger and consist of the letters "FSC", which signifies fire standard compliant, and shall be permanently printed, stamped, engraved or embossed on the package at or near the universal product code.
B. A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including packs, cartons and cases, and for brands marketed by that manufacturer.
C. A manufacturer certifying cigarettes in accordance with Section 4 [57-2B-4 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act shall provide a copy of the certifications to all wholesale dealers and agents to which it sells cigarettes. Wholesale dealers, agents and retail dealers shall permit the state fire marshal, the taxation and revenue department and the attorney general to inspect markings of cigarette packaging marked in accordance with this section.
History:
Laws 2009, ch. 265, § 5.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 5 effective January 1, 2010.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2B - Fire-Safer Cigarette and Firefighter Protection › Section 57-2B-7 - Implementation.

A. The state fire marshal may promulgate rules pursuant to the Administrative Procedures Act [12-8-1 NMSA 1978], necessary to effectuate the purposes of the Fire-Safer Cigarette and Firefighter Protection Act and for inspection, seizure and destruction of cigarettes pursuant to the Forfeiture Act [31-27-1 NMSA 1978].
B. The taxation and revenue department in the regular course of conducting inspections of wholesale dealers, agents and retail dealers, pursuant to the Cigarette Tax Act [7-12-1 NMSA 1978], may inspect cigarettes to determine if the cigarettes are marked as required by Section 5 [57-2B-5 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act. If the cigarettes are not marked as required, the taxation and revenue department shall notify the state fire marshal.
History:
Laws 2009, ch. 265, § 7.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 265, § 13 made the provisions of Laws 2009, ch. 265, § 7 effective June 19, 2009.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2B - Fire-Safer Cigarette and Firefighter Protection › Section 57-2B-8 - Inspection.

To enforce the provisions of the Fire-Safer Cigarette and Firefighter Protection Act, the attorney general, the taxation and revenue department and the state fire marshal, their duly authorized representatives and other law enforcement personnel may examine the books, papers, invoices and other records of any person in possession, control or occupancy of premises where cigarettes are placed, stored, sold or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control or occupancy of premises where cigarettes are placed, sold or offered for sale is hereby directed and required to give the attorney general, the taxation and revenue department and the state fire marshal and other law enforcement personnel the means, facilities and opportunity for the examinations authorized by this section.
History:
Laws 2009, ch. 265, § 8.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 8 effective January 1, 2010.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2B - Fire-Safer Cigarette and Firefighter Protection › Section 57-2B-9 - Fire-Safer Cigarette and Firefighter Protection Act fund.

The "fire-safer cigarette and firefighter protection fund" is created in the state treasury. The fund consists of appropriations, income from investment of the fund, money otherwise accruing to the fund, certification fees paid under Section 4 [57-2B-4 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act and money recovered as penalties under Section 6 [57-2B-6 NMSA 1978] of that act. Money in the fund shall not revert to any other fund at the end of a fiscal year. Money in the fund is appropriated to the state fire marshal to enforce the Fire-Safer Cigarette and Firefighter Protection Act and to support fire safety and prevention programs and shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the state fire marshal or the state fire marshal's authorized representative.
History:
Laws 2009, ch. 265, § 9.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 9 effective January 1, 2010.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2B - Fire-Safer Cigarette and Firefighter Protection › Section 57-2B-10 - Sale outside of New Mexico.

Nothing in the Fire-Safer Cigarette and Firefighter Protection Act shall be construed to prohibit a person or entity from manufacturing or selling cigarettes that do not meet the requirements of Section 3 [57-2B-3 NMSA 1978] of that act if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons located in New Mexico.
History:
Laws 2009, ch. 265, § 10.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 10 effective January 1, 2010.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2B - Fire-Safer Cigarette and Firefighter Protection › Section 57-2B-11 - Contingent repeal.

The Fire-Safer Cigarette and Firefighter Protection Act is repealed, effective on the date that the New Mexico compilation commission receives certification from the state fire marshal that the federal government has adopted or enacted a reduced cigarette ignition propensity standard and that the standard is in effect.
History:
Laws 2009, ch. 265, § 11.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 11 effective January 1, 2010.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2B - Fire-Safer Cigarette and Firefighter Protection › Section 57-2B-12 - State preemption.

Cities, counties, home rule municipalities and other political subdivisions of the state shall not adopt or continue in effect any ordinance, rule, regulation, resolution or statute on cigarette testing and standards. The Fire-Safer Cigarette and Firefighter Protection Act preempts any local law, ordinance or regulation that conflicts with any provision of that act or any policy of the state of New Mexico implemented in accordance with that act, and, notwithstanding any other provision of law, a governmental unit of the state of New Mexico shall not enact or enforce an ordinance, local law or regulation conflicting with or preempted by that act.
History:
Laws 2009, ch. 265, § 12.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 12 effective June 19, 2009.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2C - Nicotine Liquid › Section 57-2C-1 - Child-resistant packaging for nicotine liquid.

A. No person shall sell or offer to sell any nicotine liquid container at retail in this state unless such container is child-resistant.
B. The attorney general may institute a civil action in district court for a violation of the provisions of this section or to prevent a violation of the provisions of this section. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including a civil penalty not to exceed one thousand dollars ($1,000) for each violation.
C. As used in this section:
(1) "child-resistant" means a package or container that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean a package or container that all such children cannot open or obtain a toxic or harmful amount within a reasonable time;
(2) "electronic delivery device" means any electronic device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine, the use or inhalation of which simulates smoking; and
(3) "nicotine liquid container":
(a) means a bottle or container of a liquid or other substance containing nicotine where the liquid or substance is sold, marketed or intended for use in an electronic delivery device; but
(b) does not include a liquid or other substance containing nicotine in a cartridge that is sold, marketed or intended for use in a cartridge that is sold, marketed or intended for use in an electronic delivery device; provided that such cartridge is pre-filled and sealed by the manufacturer and is not intended to be opened by the consumer.
History:
Laws 2015, ch. 76, § 1.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 76 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3 - Trademarks › Section 57-3-1 - Repealed.

History:
1953 Comp., § 49-4-6, enacted by Laws 1969, ch. 142, § 1; repealed by Laws 1997, ch. 197, § 17.
ANNOTATIONS
Repeals.
— Laws 1997, ch. 197, § 17 repealed 57-3-1 NMSA 1978, as enacted by Laws 1969, ch. 142, § 1, relating to the short title, effective July 1, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 57, Article 3B NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3 - Trademarks › Section 57-3-2 - Repealed.

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 1997, ch. 197, § 17 repealed 57-3-2 NMSA 1978, as enacted by Laws 1959, ch. 345, § 1, relating to application for registration, submission of printed facsimile and written description, acknowledgement, filing, effective July 1, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 57, Article 3B NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3 - Trademarks › Section 57-3-3 - Repealed.

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
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3 - Trademarks › Section 57-3-4 - Repealed.

History:
1953 Comp., § 49-4-8, enacted by Laws 1959, ch. 345, § 2; 1971, ch. 141, § 1; repealed by Laws 1997, ch. 197, § 17.
ANNOTATIONS
Repeals.
— Laws 1997, ch. 197, § 17 repealed 57-3-4 NMSA 1978, as enacted by Laws 1959, ch. 345, § 2, relating to filing application, fee, certificate of registration, effective July 1, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 57, Article 3B NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3 - Trademarks › Section 57-3-5 - Repealed.

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.
ANNOTATIONS
Repeals.
— Laws 1997, ch. 197, § 17 repealed 57-3-5 NMSA 1978, as enacted by Laws 1969, ch. 142, § 2, relating to assignment, effective July 1, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 57, Article 3B NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3 - Trademarks › Section 57-3-6 - Repealed.

History:
1953 Comp., § 49-4-9, enacted by Laws 1959, ch. 345, § 3; repealed by Laws 1997, ch. 197, § 17.
ANNOTATIONS
Repeals.
— Laws 1997, ch. 197, § 17 repealed 57-3-6 NMSA 1978, as enacted by Laws 1959, ch. 345, § 3, relating to items, packages or establishment to show mark or name, unlawful to use for purposes of deceit, effective July 1, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 57, Article 3B NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3 - Trademarks › Section 57-3-7 - Repealed.

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.
ANNOTATIONS
Repeals.
— Laws 1997, ch. 197, § 17 repealed 57-3-7 NMSA 1978, as enacted by Laws 1959, ch. 345, § 4, relating to duration of registration, renewal, fee, effective July 1, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 57, Article 3B NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3 - Trademarks › Section 57-3-8 - Repealed.

History:
1953 Comp., § 49-4-11, enacted by Laws 1969, ch. 142, § 4; repealed by Laws 1997, ch. 197, § 17.
ANNOTATIONS
Repeals.
— Laws 1997, ch. 197, § 17 repealed 57-3-8 NMSA 1978, as enacted by Laws 1969, ch. 142, § 4, relating to fraudulent registration, effective July 1, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 57, Article 3B NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3 - Trademarks › Section 57-3-9 - Repealed.

History:
1953 Comp., § 49-4-11.1, enacted by Laws 1969, ch. 142, § 5; repealed by Laws 1997, ch. 197, § 17.
ANNOTATIONS
Repeals.
— Laws 1997, ch. 197, § 17 repealed 57-3-9 NMSA 1978, as enacted by Laws 1969, ch. 142, § 5, relating to infringement, effective July 1, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 57, Article 3B NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3 - Trademarks › Section 57-3-10 - Repealed.

History:
1953 Comp., § 49-4-11.2, enacted by Laws 1969, ch. 142, § 6; repealed by Laws 1997, ch. 197, § 17.
ANNOTATIONS
Repeals.
— Laws 1997, ch. 197, § 17 repealed 57-3-10 NMSA 1978, as enacted by Laws 1969, ch. 142, § 6, relating to injury to business reputation, dilution, effective July 1, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 57, Article 3B NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3 - Trademarks › Section 57-3-11 - Repealed.

History:
1953 Comp., § 49-4-11.3, enacted by Laws 1969, ch. 142, § 7; repealed by Laws 1997, ch. 197, § 17.
ANNOTATIONS
Repeals.
— Laws 1997, ch. 197, § 17 repealed 57-3-11 NMSA 1978, as enacted by Laws 1969, ch. 142, § 7, relating to remedies, effective July 1, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 57, Article 3B NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3 - Trademarks › Section 57-3-12 - Repealed.

History:
1953 Comp., § 49-4-12, enacted by Laws 1959, ch. 345, § 6; repealed by Laws 1997, ch. 197, § 17.
ANNOTATIONS
Repeals.
— Laws 1997, ch. 197, § 17 repealed 57-3-12 NMSA 1978, as enacted by Laws 1959, ch. 345, § 6, relating to common-law rights unaffected, effective July 1, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 57, Article 3B NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3 - Trademarks › Section 57-3-13 - Laundry service trademarks; registration.

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 NMSA 1978] and reproduce it as a mark of ownership on the laundered articles.
B. To qualify under this section, any person or firm using or intending to use a trademark or trade name for the purpose described in Subsection A of this section shall so notify the secretary of state. Upon the notification, which may be made at the time of application, the secretary of state or his authorized representative shall note the words "laundry service mark" on the application for initial issuance or renewal of the trademark or trade name registration.
The fee for such endorsement of the application for registration is ten dollars ($10.00) payable to the secretary of state. This fee is in addition to any other trademark or trade name filing fee, and is due at the time of initial endorsement and at each renewal of the registration.
History:
1953 Comp., § 49-4-13, enacted by Laws 1971, ch. 218, § 1.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3 - Trademarks › Section 57-3-14 - Laundry service trademarks; penalty.

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 articles provided as part of a laundry service bearing a trademark or trade name registered as a laundry service mark; or
(2) obliterate or otherwise conceal or remove from any articles provided as part of a laundry service a trademark or trade name registered as a laundry service mark.
B. The registrant's acceptance of any sum of money as a deposit to secure the safekeeping and return of any articles bearing a trademark or trade name registered as a laundry service mark does not constitute a sale of the articles.
C. The use or possession by any person or firm other than the registrant, without the written consent provided in this section, of any articles bearing a trademark or trade name registered as a laundry service mark is presumptive evidence of unlawful use of, or traffic in, such articles. Any person or any member of a firm, corporation or association which has acquired the articles, by purchase or otherwise, with the registrant's written consent is not required to register the trademark or trade name again, but acquires the same rights and benefits as the vendor.
History:
1953 Comp., § 49-4-14, enacted by Laws 1971, ch. 218, § 2.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3A - Uniform Trade Secrets › Section 57-3A-1 - Short title.

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.
ANNOTATIONS
Law reviews.
— For article, "Secrecy and Innovation In Tort Law And Regulation," see 23 N.M.L. Rev. 1 (1993).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
54A Am. Jur. 2d Monopolies, Restraints of Trade, and Unfair Trade Practices § 1114 et seq.
Discovery of trade secret in state court action, 75 A.L.R.4th 1009.
What constitutes "trade secrets and commercial or financial information obtained from person and privileged or confidential," exempt from disclosure under Freedom of Information Act (5 USCS § 552 (b)(4)) (FOIA), 139 A.L.R. Fed. 225.
87 C.J.S. Trademarks, Tradenames and Unfair Competition §§ 13, 121, 122.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3A - Uniform Trade Secrets › Section 57-3A-2 - Definitions.

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 of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(2) disclosure of use of a trade secret of another without express or implied consent by a person who:
(a) used improper means to acquire knowledge of the trade secret; or
(b) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was: 1) derived from or through a person who had utilized improper means to acquire it; 2) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or 3) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(c) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake;
C. "person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity; and
D. "trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process, that:
(1) derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and
(2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
History:
Laws 1989, ch. 156, § 2.
ANNOTATIONS
Trade secret.
— A database of information about medical professionals and medical facilities, that was developed over many years and at considerable expense and that contained information that went beyond an employee's general skills and knowledge and recollection of client preferences, and what one could easily obtain by consulting a telephone directory, constituted a trade secret.
Rapid Temps, Inc. v. Lamon
, 2008-NMCA-122, 144 N.M. 804, 192 P.3d 799.
The essential elements of a trade secret
are confidentiality and value.
Pincheira v. Allstate Ins. Co.
, 2007-NMCA-094, 142 N.M. 283, 164 P.3d 982,
aff'd on other grounds
, 2008-NMSC-049, 144 N.M. 601, 190 P.3d 322.
"Trade secrets".
— General skills and knowledge do not rise to the level of trade secrets.
Insure N.M., LLC v. McGonigle
, 2000-NMCA-018, 128 N.M. 611, 995 P.2d 1053.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3A - Uniform Trade Secrets › Section 57-3A-3 - Injunctive relief.

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 advantage that otherwise would be derived from the misappropriation.
B. In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
C. In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by a court order.
History:
Laws 1989, ch. 156, § 3.
ANNOTATIONS
Injunctive relief was proper.
— Where plaintiffs sued defendant, a former employee, alleging he violated the New Mexico Uniform Trade Secrets Act, NMSA 1978, §§ 57-3A-1 through -7, and that he breached his employment agreement, his duty of good faith and fair dealing, and his fiduciary duty to plaintiffs, and where the district court entered a judgment and a permanent injunction requiring defendant to return any employer materials in his possession and preventing him from using or disclosing to others any of plaintiffs' trade secrets or confidential information, there was sufficient evidence to support injunctive relief where defendant possessed plaintiffs' trade secrets and wrongfully refused to return them after plaintiffs demanded their return.
Lasen, Inc. v. Tadjikov
, 2020-NMCA-006, cert. denied.
Permanent injunction was improper.
— Where plaintiffs sued defendant, a former employee, alleging he violated the New Mexico Uniform Trade Secrets Act, §§ 57-3A-1 through -7 NMSA 1978, and that he breached his employment agreement, his duty of good faith and fair dealing, and his fiduciary duty to plaintiffs, and where the district court entered a judgment and a permanent injunction requiring defendant to return any employer materials in his possession and preventing him from using or disclosing to others any of plaintiffs' trade secrets or confidential information, the district court abused its discretion in issuing the permanent injunction because the parties' employment contract only imposed a five-year post-termination period of confidentiality. The injunction should not have extended defendant's obligation not to disclose plaintiffs' trade secrets and confidential information beyond the time that plaintiffs agreed was proper.
Lasen, Inc. v. Tadjikov
, 2020-NMCA-006, cert. denied.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3A - Uniform Trade Secrets › Section 57-3A-4 - Damages.

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 include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.
B. If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not to exceed twice any award made under Subsection A of this section.
History:
Laws 1989, ch. 156, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3A - Uniform Trade Secrets › Section 57-3A-5 - Attorneys' fees.

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 exists.
History:
Laws 1989, ch. 156, § 5.
ANNOTATIONS
Compiler's notes.
— There is no Subsection B in this section as it appears in the 1989 printed act.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3A - Uniform Trade Secrets › Section 57-3A-6 - Preservation of secrecy.

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 action and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
History:
Laws 1989, ch. 156, § 6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
What constitutes "trade secrets and commercial or financial information obtained from person and privileged or confidential," exempt from disclosure under Freedom of Information Act (5 USCS § 552 (b)(4)) (FOIA), 139 A.L.R. Fed. 225.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3A - Uniform Trade Secrets › Section 57-3A-7 - Statute of limitations.

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:
Laws 1989, ch. 156, § 7.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3B - Trademarks › Section 57-3B-1 - Short title.

This act [57-3B-1 to 57-3B-17 NMSA 1978] may be cited as the "Trademark Act".
History:
Laws 1997, ch. 197, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Trademark licensor's liability for injury or death allegedly due to defect in licensed product, 90 A.L.R.4th 981.
Application of secondary meaning test in action for trademark or tradename infringement under § 43(a) of the Lanham Act (15 USCS § 1125(a)), 86 A.L.R. Fed. 489.
Liability as vicarious or contributory infringer under Lanham Act - modern cases, 152 A.L.R. Fed. 573.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3B - Trademarks › Section 57-3B-2 - Purpose and intent of act.

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 given the federal act should be examined as persuasive authority for interpreting and construing the Trademark Act.
History:
Laws 1997, ch. 197, § 2.
ANNOTATIONS
Cross references.
— For the federal Trademark Act of 1946,
see
15 U.S.C. § 1051 et seq.
Scope of the article.
— Article 3B lacks any provision expressly retaining common-law trademark rights. It is thus likely that trademark infringement claims must be based on trademarks recognized under federal trademark law or the New Mexico Trademark Act. To the extent that such a claim exists, however, it is likely to have the same elements as a claim of trademark infringement under the Lanham Act, 15 U.S.C. § 1051 et seq.
Guidance Endodontics, LLC v. Dentsply Int'l, Inc.
, 708 F.Supp.2d 1209 (D.N.M. 2010).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3B - Trademarks › Section 57-3B-3 - Definitions.

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's mark to identify and distinguish goods or services regardless of the presence or absence of:
(1) competition between the parties; or
(2) the likelihood of confusion, mistake or deception;
C. "mark" includes any trademark or service mark entitled to registration under the Trademark Act whether registered or not;
D. "person" and any other word or term used to designate the applicant or other party entitled to a benefit or privilege or rendered liable under the provisions of the Trademark Act, includes a juristic person as well as a natural person; "juristic person" includes a firm, partnership, corporation, union, association or other organization capable of suing and being sued in a court of law;
E. "registrant" includes the person to whom the registration of a mark under the Trademark Act is issued as well as the legal representative, successors or assigns of the person;
F. "secretary" means the secretary of state or the secretary's designee charged with the administration of the Trademark Act;
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;
H. "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;
I. "trade name" means any name used by a person to identify a business or vocation of the person; and
J. "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 purposes of the Trademark Act, a mark is deemed to be in use:
(1) 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 makes 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
(2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.
History:
Laws 1997, ch. 197, § 3.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3B - Trademarks › Section 57-3B-4 - Registrability.

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 disparage or falsely suggest a connection with persons living or dead, institutions, beliefs or national symbols or that may bring them into contempt or disrepute;
(3) consists of or comprises the flag, coat of arms or other insignia of the United States or of any state, municipality, foreign nation or any simulation of these;
(4) consists of or comprises the name, signature or portrait identifying a particular living individual, except by the individual's written consent;
(5) consists of a mark that:
(a) when used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;
(b) when used on or in connection with the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them;
(c) is primarily merely a surname; provided, however, nothing in this subsection shall prevent the registration of a mark used by the applicant that has become distinctive of the applicant's goods or services. The secretary may accept as evidence that the mark has become distinctive as used on or in connection with the applicant's goods or services, proof of continuous use of it as a mark by the applicant in this state for the five years before the date on which the claim of distinctiveness is made; or
(d) consists of or comprises a mark that so resembles a mark registered in this state or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive.
B. A mark is deemed to be abandoned when either of the following occurs:
(1) when its use has been discontinued with intent not to resume that use. Intent not to resume may be inferred from circumstances; nonuse for two consecutive years shall constitute prima facie evidence of abandonment; or
(2) when any course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark.
History:
Laws 1997, ch. 197, § 4.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3B - Trademarks › Section 57-3B-6 - Filing of application.

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, including a description of a design mark and may make, or authorize the secretary in writing to make, any reasonable amendments to the application as may be requested by the secretary or deemed by the applicant to be advisable to respond to any objection or rejection of the application.
C. The secretary may require the applicant to disclaim an unregistrable component of a mark that would otherwise be registrable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or services.
D. The secretary may amend the application upon the applicant's written agreement, or the secretary may require a new application to be submitted.
E. If the applicant is found not to be entitled to registration, the secretary shall advise the applicant of the reasons for non-registration. The applicant shall have thirty days from the date of notification of non- registration from the secretary in which to reply or to amend the application for reexamination. This procedure may be repeated until the secretary makes a final refusal of registration of the mark or the applicant fails to reply or amend the application within the period specified by the secretary, in which case the application shall be deemed to have been abandoned.
F. The secretary shall grant priority to the applications in order of filing. In the case of any application rejected because of a prior-filed application of the same or confusingly similar mark for the same or related goods or services, the applicant may bring an action for cancellation of the registration on grounds of prior or superior rights to the mark as provided in Section 11 [57-3B-11 NMSA 1978] of the Trademark Act.
History:
Laws 1997, ch. 197, § 6.
ANNOTATIONS
Authority of secretary.
— Under the former act, the secretary of state did not have the duty or authority to review the validity of trademarks or trade names properly tendered for filing. The former act required the registrant to determine whether a name or mark is identical or similar to an existing registration and that he has the right to use such mark or name. 1988 Op. Att'y Gen. No. 88-57.