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If you run a business in Los Lunas
The Village of Los Lunas names the Meta (Facebook) data center campus, a Walmart distribution center, Wall Colmonoy and Niagara Bottling among its largest employers, according to its economic development page. Your business may look nothing like those employers and still have a name, a logo and a method that matter to you. This page is written for owners in Los Lunas and covers brand names, confidential methods, workers’ agreements and the federal courts. It describes how the rules work and does not apply them to your own situation, which is a job for an attorney who has heard the facts.
The Village requires businesses to be licensed. Its business applications page says the Community Development Department takes business registration, home occupation registration and vendor permit applications, and the Village address shown there is 660 Main St. NW. The page gives no separate address for the department. Questions about who owns a brand, a method or a customer list are taken up in the sections below.
Protecting a brand name and logo
A brand can be registered federally under 15 U.S.C. 1051, and New Mexico offers a state route as well. A trademark or service mark can be registered with the New Mexico Secretary of State, Business Services Division, at 325 Don Gaspar, Suite 300, Santa Fe, NM 87501. The state Trademark Act is Chapter 57, Article 3B of the New Mexico statutes, and the Secretary of State describes the program on its trademark page.
The Secretary of State’s application instructions, revised in 2020, ask for three different specimens, with at least one showing a New Mexico physical address, and they say the mark must already be in use in New Mexico. The 2020 forms list a $50 filing fee that includes one class, $25 for each added class and a $25 fee to renew, so check the current forms before you rely on any of those figures. If your name or logo matters to customers outside the state, ask an attorney which filing fits your plans.
Protecting methods, lists and know how
New Mexico has its own trade secrets statute, the Uniform Trade Secrets Act, in Chapter 57, Article 3A of the New Mexico statutes, Sections 57-3A-1 to 57-3A-7. The New Mexico Supreme Court Law Library lists it in its guide to uniform laws.
The federal Defend Trade Secrets Act, 18 U.S.C. 1836, sits beside the state statute. Under 18 U.S.C. 1836(b), the owner of a misappropriated trade secret that relates to a product or service used in, or intended for use in, interstate or foreign commerce can sue in federal court. Whether a particular method or list counts as a trade secret is a question for an attorney, and this page does not try to answer it. A useful way to prepare is to write down what you treat as confidential and who has seen it.
Employees, contractors and noncompete agreements
New Mexico has a noncompete statute that covers health care. Under it, a noncompete in an agreement with a covered health care practitioner cannot be enforced once the agreement, a renewal or an extension, or the practitioner’s employment with the party seeking enforcement ends. A clause that moves such an agreement to another state’s law or courts is void. The covered practitioners include physicians, dentists, nurse practitioners, psychologists, physician assistants and pharmacists, and the statute is Sections 24A-4-1 to 24A-4-5 of the New Mexico statutes.
If you ask a salesperson, a technician or a contractor to sign a noncompete, an attorney should confirm the current rule before you rely on it. The same advice applies if you are the worker who has been handed one. Read the whole agreement, keep a copy and ask questions before you sign.
Protecting your work in Los Lunas? Get matched with an attorney now.
What the United States District Court for the District of New Mexico handles
The federal court in New Mexico is the District of New Mexico. The court lists courthouses in Albuquerque, Las Cruces, Roswell and Santa Fe, and its pages describe them as places where the court holds court.
A patent claim is filed in federal court alone (28 U.S.C. 1338(a)), and damages for patent infringement can be recovered for no more than the six years before the suit is filed (35 U.S.C. 286). A civil copyright claim must be brought within three years after it accrued (17 U.S.C. 507(b)). A United States work generally must be registered, or refused registration by the Copyright Office, before an infringement suit can be filed (17 U.S.C. 411(a)). An attorney should confirm the right court before anything is filed.
Local programs for owners
The Los Lunas Small Business Development Center sits in Room 1101 of the UNM Valencia Workforce Training Center at 1020 Huning Ranch East Loop SW in Los Lunas. According to the center’s location page, it offers workshops and no cost consulting. Take questions about who owns a name or a method to an attorney.
Talk to an attorney in the network
Before a first conversation, put together a short timeline. Note when you created, shared, sold or published the work, the date you started using a name, and any agreement that touches it, such as a contract with a worker or a vendor. Bring copies of anything you have filed or signed. To start, you can get matched with an intellectual property attorney.
Facing an infringement dispute in Los Lunas? Find out where your matter stands.
Related Intellectual Property Pages
Frequently Asked Questions
Can a patent infringement claim be brought in a New Mexico state court?
A patent claim is filed in federal court alone (28 U.S.C. 1338(a)). The federal court in New Mexico is the District of New Mexico. An attorney should confirm the court before anything is filed.
Where can a Los Lunas business owner get free counseling?
The Los Lunas Small Business Development Center, in Room 1101 of the UNM Valencia Workforce Training Center at 1020 Huning Ranch East Loop SW, offers workshops and no cost consulting. Questions about who owns a brand or an invention belong with an attorney.
Does the Village of Los Lunas require a business license?
The Village says businesses must be licensed. Its Community Development Department takes business registration, home occupation registration and vendor permit applications. The Village address on its business applications page is 660 Main St. NW, and the page gives no separate address for the department.
What does the New Mexico Secretary of State ask for in a trademark application?
The Secretary of State’s application instructions, revised in 2020, ask for three different specimens, with at least one showing a New Mexico physical address, and they say the mark must already be in use in New Mexico. The 2020 application form lists a $50 filing fee that includes one class and $25 for each added class.
Can a health care practitioner be held to a noncompete in New Mexico?
New Mexico has a statute, Sections 24A-4-1 to 24A-4-5, on noncompetes with covered health care practitioners such as physicians, dentists, nurse practitioners, psychologists, physician assistants and pharmacists. Such a noncompete cannot be enforced once the agreement, a renewal or an extension, or the practitioner’s employment with the party seeking enforcement ends. An attorney should confirm the current rule.
How long do I have to bring a copyright claim, and what limits patent damages?
A civil copyright claim must be brought within three years after it accrued (17 U.S.C. 507(b)). Damages for patent infringement can be recovered for no more than the six years before the suit is filed (35 U.S.C. 286). An attorney can tell you when your own clock started.
Connect With a Los Lunas Intellectual Property Attorney
You do not have to work out the dates and rules alone. Fill out the form, and you will be connected with an attorney who can review your situation, the deadlines, and what a claim or filing may involve.
