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New Mexico law

Intellectual Property Laws in New Mexico.

Most intellectual property law is federal: patents (35 U.S.C.), copyright (17 U.S.C.), and federal trademarks (15 U.S.C.). New Mexico provides state-law trademark registration through the Secretary of State, common-law trademark protection, and trade-secret protection under the New Mexico Uniform Trade Secrets Act. Patent and federal trademark matters are litigated in the U.S. District Court for the District of New Mexico (Albuquerque, Las Cruces, Santa Fe).

Last verified: 2026-04-17

State law

Key New Mexico Statutes

Federal Patent Law35 U.S.C.

Patents are entirely federal.

Federal Copyright Act17 U.S.C.

Copyright protection attaches automatically upon fixation.

Federal Trademark (Lanham Act)15 U.S.C. § 1051 et seq.

Federal trademark registration through the USPTO provides nationwide priority.

New Mexico Trademark RegistrationNMSA 1978 §§ 57-3B-1 et seq.

State-level trademark registration through the New Mexico Secretary of State.

New Mexico Uniform Trade Secrets ActNMSA 1978 §§ 57-3A-1 et seq.

Misappropriation of trade secrets actionable with injunctive relief, damages, and exemplary damages for willful misappropriation.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Mexico.

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