How to Register a Trademark in New Mexico (2026)
Reviewed by DocDraft Legal Team · New Mexico · Last updated August 12, 2026
A New Mexico state trademark is registered with the New Mexico Secretary of State under the Trademark Act, N.M. Stat. 57-3B-1 et seq. It protects a mark used in New Mexico for a term of ten years and is renewable for successive ten-year periods. The registration fee starts at $50 for the first class and adds $25 for each additional class, which is far cheaper than a federal filing. A state registration only reaches New Mexico borders, so businesses selling across state lines or online usually pair it with, or replace it by, a federal USPTO registration under the Lanham Act.
How do I register a trademark with the New Mexico Secretary of State?
You file a trademark application with the New Mexico Secretary of State under the Trademark Act, N.M. Stat. 57-3B-1 et seq. The mark must already be in use in New Mexico. You submit the completed application, a specimen showing the mark in use, the class or classes of goods or services, and the filing fee to obtain a state registration.
How much does a New Mexico state trademark registration cost?
The New Mexico Secretary of State charges a minimum fee of $50, which covers the first class of goods or services. Each additional class listed on the same application costs an extra $25. That is far below the USPTO base fee of $350 per class, but a New Mexico registration only protects the mark inside the state.
How long does a New Mexico trademark registration last?
A New Mexico trademark registration is effective for ten years from the date of registration under N.M. Stat. 57-3B-8. It can be renewed for successive ten-year terms, with each renewed registration running ten years from the expiration of the prior term. You must keep using the mark in New Mexico to keep the registration alive.
Should I register in New Mexico or file federally with the USPTO?
A New Mexico registration is cheaper and faster but only protects the mark within the state. If you sell across state lines or online, a federal USPTO registration under the Lanham Act gives nationwide priority and the right to use the registered mark symbol. Many New Mexico businesses that stay purely local choose state registration, at least at first.
New Mexico's Trademark Act and the Secretary of State's registry
New Mexico registers trademarks and service marks through the Secretary of State under the Trademark Act, codified at N.M. Stat. 57-3B-1 through 57-3B-17 in Chapter 57, Trade Practices and Regulations. Unlike federal intent-to-use filing at the USPTO, New Mexico registration requires that the mark already be used in the state, so applicants submit a specimen showing actual use along with the application. The office keeps the fee unusually low, a $50 minimum that covers the first class and $25 for each additional class, which makes state registration attractive to local New Mexico businesses, artisans, and Native-owned enterprises that trade chiefly within the state. A registration runs ten years and renews for successive ten-year terms. New Mexico protects a person's name and likeness through the common-law tort of appropriation rather than a dedicated publicity statute, and it has adopted the Uniform Trade Secrets Act at N.M. Stat. 57-3A-1 et seq. for confidential business information.
Relevant Laws
New Mexico Trademark Act, N.M. Stat. 57-3B-1 et seq.
The state statute governing registration of trademarks and service marks with the New Mexico Secretary of State, including use requirements, the registration application, and the ten-year term with renewal.
New Mexico Secretary of State - Trademarks
The official Secretary of State page for trademark registration, listing the application requirements and the $50 first-class fee plus $25 for each additional class.
New Mexico Uniform Trade Secrets Act, N.M. Stat. 57-3A-1 et seq.
New Mexico's adoption of the Uniform Trade Secrets Act, protecting confidential business information from misappropriation with injunctive relief, damages, and attorney fees for willful conduct.
Lanham Act (Trademark Act of 1946), 15 U.S.C. §1051 et seq.
The federal trademark statute administered by the USPTO. Federal registration gives nationwide priority and the registered mark symbol, which a New Mexico state registration cannot provide.
Regional Variances
New Mexico registration vs. federal registration vs. common-law use
New Mexico (Secretary of State, Trademark Act 57-3B-1)
Protection inside New Mexico only. Fee is $50 for the first class plus $25 per additional class. Requires actual use in the state before filing; term is ten years, renewable.
Federal (USPTO, Lanham Act)
Nationwide priority, a presumption of ownership, the registered mark symbol, and federal-court enforcement. Base fee is $350 per class and the term is ten years, renewable indefinitely.
Common law (use alone)
Rights arise automatically from use and are limited to the actual New Mexico trading area. Free, but no state registry record and hardest to enforce against later users.
Related New Mexico business-IP protections
Trade secrets (Uniform Trade Secrets Act 57-3A-1)
New Mexico has adopted the Uniform Trade Secrets Act, protecting confidential formulas, methods, and customer lists with injunctions, damages, and attorney fees for willful misappropriation.
Right of publicity (common law appropriation)
New Mexico has no publicity statute. Name and likeness are protected through the common-law tort of appropriation shaped by state court decisions.
Suggested Compliance Checklist
Confirm actual use of the mark in New Mexico
Before filing days after startingNew Mexico requires the mark to be in use in the state before registration. Document your first-use date and how the mark appears on goods or services in New Mexico.
Search New Mexico and federal marks for conflicts
Before filing days after startingCheck the Secretary of State's business and trademark records and the USPTO database for confusingly similar marks on related goods or services before you commit to the name.
Prepare a specimen and identify classes
Before filing days after startingAssemble a specimen showing the mark in use and map your goods or services to their classes. The first class costs $50 and each additional class adds $25.
File the trademark application with the Secretary of State
When ready days after startingSubmit the completed New Mexico trademark application, specimen, class list, and $50 minimum fee (plus $25 per additional class) to the Secretary of State's Commercial Services division.
Calendar the ten-year renewal deadline
Before the 10-year term expires days after startingA New Mexico registration lasts ten years and renews for successive ten-year terms. Diary the renewal well ahead of expiration and keep using the mark in the state.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use of the mark in New Mexico | New Mexico requires the mark to be in use in the state before registration. Document your first-use date and how the mark appears on goods or services in New Mexico. | - | Before filing |
| Search New Mexico and federal marks for conflicts | Check the Secretary of State's business and trademark records and the USPTO database for confusingly similar marks on related goods or services before you commit to the name. | - | Before filing |
| Prepare a specimen and identify classes | Assemble a specimen showing the mark in use and map your goods or services to their classes. The first class costs $50 and each additional class adds $25. | - | Before filing |
| File the trademark application with the Secretary of State | Submit the completed New Mexico trademark application, specimen, class list, and $50 minimum fee (plus $25 per additional class) to the Secretary of State's Commercial Services division. | trademark-application | When ready |
| Calendar the ten-year renewal deadline | A New Mexico registration lasts ten years and renews for successive ten-year terms. Diary the renewal well ahead of expiration and keep using the mark in the state. | - | Before the 10-year term expires |
Frequently Asked Questions
New Mexico trademark registration is governed by the Trademark Act, N.M. Stat. 57-3B-1 et seq., found in Chapter 57 on Trade Practices and Regulations. The act defines what can be registered, requires actual use of the mark in New Mexico, and sets the ten-year registration term with renewal. The Secretary of State administers the registry.
No. A registration with the New Mexico Secretary of State only gives rights within New Mexico. It does not stop someone in another state from using a similar mark and it does not provide the nationwide priority of a federal registration. If you operate across state lines or online, you should consider a federal USPTO registration under the Lanham Act.
Yes. Unlike the federal system, which allows an intent-to-use application, New Mexico registration under the Trademark Act requires that the mark already be used in the state. You must provide a specimen showing the mark in actual use and state your dates of first use when you apply to the Secretary of State.
Yes. New Mexico adopted the Uniform Trade Secrets Act, codified at N.M. Stat. 57-3A-1 et seq. It protects confidential business information such as formulas, methods, customer lists, and processes, and it allows for injunctions, damages, and, in cases of willful and malicious misappropriation, attorney fees. Trade-secret protection complements trademark rights but covers different subject matter.
New Mexico does not have a dedicated right-of-publicity statute. Instead, it protects a person's name and likeness through the common-law tort of appropriation, which lets a person sue when their identity is used commercially without consent. Because it is common law rather than a fixed statute, the exact scope is shaped by New Mexico court decisions rather than a code section.: confirm leading New Mexico appropriation case citation.
Other New Mexico guides
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