New Mexico Settlement Agreement Tradename
Description
How to fill out Settlement Agreement Tradename?
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FAQ
The lack of a federal registration means you will not have a presumption of ownership, but you can still sue an infringer for trademark infringement since the Lanham Act allows for lawsuits based on unregistered trademarks.
Unfair competition refers primarily to dishonest or deceptive practices that cause economic injury to businesses. The doctrine of ?unfair competition? has been recognized by New Mexico courts as an umbrella category arising out of business conduct contrary to honest practices in business.
What sources of law govern trademarks? Trademarks are governed by both state and federal law. Originally, state common law provided the main source of protection for trademarks. However, in the late 1800s, the U.S. Congress enacted the first federal trademark law.
The Act provides for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks if such use is likely to result in consumer confusion, or if the dilution of a famous mark is likely to occur.
Trademark laws prohibit the unauthorized use of registered trademarks by any individual or organization. Examples of well-known trademarks include Google, Nike, and Apple. Specific types of trademarks, depending on the business aspect they protect, are service, certification, collective, and house marks.
Trademark law governs the use of a device (including a word, phrase, symbol, product shape, or logo) by a manufacturer or merchant to identify its goods and to distinguish those goods from those made or sold by another. Service marks, which are used on services rather than goods, are also governed by 'Trademark law.
Unfair, deceptive, and misleading business practices are prohibited under the Unfair Trade Practices Act, which was designed to prevent unfair competitive and deceptive business practices, investigate complaints on such practices, reward or punish parties involved, and provide reports and recommendations to Congress.
The New Mexico Trademark Act requires that the trademark and/or service mark being registered be in use at the time that the application for registration is submitted.
