SENATE JOINT MEMORIAL 35

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Richard C. Martinez

A JOINT MEMORIAL

RECOGNIZING THE COMMUNITY OF CHIMAYO'S CHILE FARMERS, WHO ACTIVELY FARM THE NATIVE CHIMAYO CHILE STRAIN IN THE GEOGRAPHICAL AREA OF CHIMAYO, AS THE RIGHTFUL OWNERS OF THE NAMES CHIMAYO, CHIMAYO RED, CHIMAYO GREEN AND CHIMAYO CHRISTMAS FOR CHILE AND AS TREASURERS OF A LIVING HEIRLOOM OF NORTHERN NEW MEXICO HISPANIC CULTURAL, FOOD AND AGRICULTURAL TRADITIONS; REQUESTING THE NEW MEXICO DEPARTMENT OF AGRICULTURE, WITH ASSISTANCE FROM THE ATTORNEY GENERAL, TO STUDY THE ISSUE OF TRADEMARKS AND COPYRIGHTS OF COMMUNITY FARM PRODUCTS.

     WHEREAS, it is the desire of the New Mexico legislature that the name "Chimayo" for chile shall continue to be the name that identifies the native strain of chile that was inherited from the traditional families who founded and named the village of Chimayo, New Mexico; and

     WHEREAS, in 2005, the New Mexico legislature recognized Chimayo chile as a living heirloom of northern New Mexico Hispanic cultural, food and agricultural traditions; and

     WHEREAS, the chile that is known as Chimayo chile, Chimayo red, Chimayo green and Chimayo Christmas chile is a specific land race particularly adapted to and cultivated in the geographical area of Chimayo; and

     WHEREAS, the name Chimayo in relation to chile signifies the fruit from the native chile seeds grown in the geographical area of Chimayo, New Mexico; and

     WHEREAS, the name Chimayo green denotes, in New Mexico's oral history, the name of the native strain of Chimayo chile when it is in its first stage of edible maturation when the color of the chile is green; and

     WHEREAS, the name Chimayo red indicates, in New Mexico's chile traditions, the name of the native strain of Chimayo chile when it is fully mature, is at its seed-bearing stage and is the color red; and

     WHEREAS, the name Chimayo Christmas chile means, in New Mexico's hottest traditions, the name of the native strain of Chimayo chile when the fruit is part green and part red; and

     WHEREAS, it is right and proper for the names that grew out of the chile farming traditions of New Mexico to be maintained for the benefit of those who continue the living traditions from which they came; and

     WHEREAS, the active Chimayo chile farmers who are farming Chimayo chile in Chimayo are keepers of the living traditions that brought about the use of the name Chimayo for chile; and

     WHEREAS, in confirmation of the common law, wherein the Chimayo chile farmers' cultivation history contributed to four hundred five years of northern New Mexico's chile growing and language traditions, it is right and proper for New Mexico to recognize the community of Chimayo's chile farmers, who are actively cultivating the native Chimayo chile strain in the geographical area of Chimayo, as the rightful owners of the trademark and trade name "Chimayo", including Chimayo red, Chimayo green, and Chimayo Christmas, for the heirloom chile that they continue to grow;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the community of Chimayo's chile farmers, who actively farm the native Chimayo chile strain in the geographical area of Chimayo, be recognized as the rightful owners of the name "Chimayo", having full authority to register the Chimayo name and any logo incorporating such name, with the United States patent and trademark office and other appropriate entities; to establish the rules of usage, certification standards and manner of control of the Chimayo name, logo and trademarks; and to enforce their rights in such name, logo and trademarks against any third parties using or registering the Chimayo name improperly on chile or related goods and services; and

     BE IT FURTHER RESOLVED that the New Mexico department of agriculture be requested to study the trademarking and copyrighting of community farm products on behalf of the community of active Chimayo chile farmers, who are farming Chimayo chile in Chimayo, with the goal of enforcing their rights in name, logo and trademarks relative to third parties using or registering the Chimayo name improperly on chile or related goods and services; and

     BE IT FURTHER RESOLVED that the attorney general be requested to assist the New Mexico department of agriculture with information on trademark and copyright law as it relates to agricultural products and their marketing or promotion; and

     BE IT FURTHER RESOLVED that the director of the New Mexico department of agriculture report the study's findings and make recommendations for legislation no later than December 2007 to the appropriate committee designated by the New Mexico legislative council to review this issue; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the director of the New Mexico department of agriculture and the attorney general.

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