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A JOINT MEMORIAL

RECOGNIZING THE COMMUNITY OF CHIMAYO'S CHILE FARMERS, WHO

FARM THE NATIVE CHIMAYO CHILE STRAINS 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 strains of chile that were

inherited from the traditional families who founded and named

the village of Chimayo, New Mexico; and

WHEREAS, the 2005 New Mexico state university report,

"Genetic Diversity of Chile Landraces from Northern New

Mexico, Colorado and Mexico", identifies four Chimayo chile

strains or landraces from among the seventeen native chile

strains in northern 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 chiles known as Chimayo chile, Chimayo red,

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Chimayo green and Chimayo Christmas chile compose specific

landraces 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 strains of Chimayo chile

when they are in the 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 strains of Chimayo

chile when they are fully mature, are at the seed-bearing

stage and are the color red; and

WHEREAS, the name Chimayo Christmas chile means, in New

Mexico's hottest traditions, the name of the native strains

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 chile farmers, former, present and future,

in the community of Chimayo are keepers of the living

traditions that brought about the use of the name Chimayo for

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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 cultivate the native Chimayo chile strains 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 farm the native Chimayo chile strains in the

geographical area of Chimayo, be recognized as the rightful

owners of the name "Chimayo", having full authority to

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

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agriculture be requested to study the trademarking and

copyrighting of community farm products on behalf of the

community of Chimayo chile farmers, who keep 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.