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New Mexico Questions & Answers
1 Answer | Asked in Copyright for New Mexico on
Q: If I make a t-shirt with the a famous person's name for myself not to sell am I breaking the copyright law
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 2, 2021

You probably are but maybe your risk is low

Consult with an attorney to analyze your case better

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New Mexico on
Q: Hello, I would like to file a patent, I did some searches and only came to this page as the main conclusion.

I have a logo that’s placed on shoe that I would like to patent

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 2, 2021

You are confused. You probably need to file for a trademark. Consult with an attorney.

1 Answer | Asked in Trademark for New Mexico on
Q: Can I use "This Buds for You" as a company name? I see that is has a trademark.
Omar Darwich
Omar Darwich answered on Jul 31, 2021

It's going to depend on a few factors.

For example what industry are they in vs what industry are you in.

Feel free to reach out to an attorney!

2 Answers | Asked in Trademark for New Mexico on
Q: Is Wake Pray Slay free to be used by anyone for tshirts or is it still trademarked?

Curious because it says "Abandoned-Failure To Respond Or Late Response"

Omar Darwich
Omar Darwich answered on Jul 9, 2021

Just because you're seeing a failure to respond to an office action does not mean the mark is free to use.

Your best bet would be to consult with a trademark attorney. We don't bite!

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New Mexico on
Q: Does a granddaughter have more rights to her grandmothers property than a daughter-in-law?

If no will or papers.

Anthony M. Avery
Anthony M. Avery answered on Jul 6, 2021

Usually yes as the granddaughter might be an heir, while the daughter in law would only be a possible heir of her husband.

1 Answer | Asked in Real Estate Law for New Mexico on
Q: If a mother is #1 on title and she added her son to title or property can she sell it without his consent
Anthony M. Avery
Anthony M. Avery answered on Jun 23, 2021

No... If the Deed is just as you said then they are tenants in common. Hire a TX attorney to examine the Deed and possibly search the title.

1 Answer | Asked in Estate Planning for New Mexico on
Q: If my mom set up a living trust in arizona and moved to New Mexico, is that trust still valid in New Mexico?
Nina Whitehurst
Nina Whitehurst answered on Jun 10, 2021

States do honor trusts that were validly created in other states, as a general rule. However, it is always a good idea to have your estate plan reviewed when you move from one state to another. An estate plan that was suitable and appropriate in one state might not be in another state due to... Read more »

2 Answers | Asked in Trademark for New Mexico on
Q: Do I have to change my business name?

I was sent an email by Marketing Solutions LLC in New Mexico that my business KN Marketing Solutions is in violation of Trademark law of "Marketing Solutions" name, which is registered trademark in the state of New Mexico to Marketing Solutions LLC. However, my business is registered in... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 8, 2021

The test here is likelihood of confusion.

Whether somebody would get confused.

You need to consult with an attorney.

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1 Answer | Asked in Car Accidents for New Mexico on
Q: Am I supposed to get a written warning before someone puts a boot on my car?

I stayed at a friend's apartment, got there 9:30 pm and left 6:30 am. When i got to my car, there was a boot on the car. The paper said they put it on at 2:40 in the morning. Can they do that?

Peter N. Munsing
Peter N. Munsing answered on Jun 1, 2021

Not clear who the they are. If it was on private property, possible they could. If it's on public property, only the police should do it and thats for unpaid tickets. But in most states no warning is necessary. Speak with an attorney in your area who handles traffic issues once you know the... Read more »

2 Answers | Asked in Personal Injury for New Mexico on
Q: If a ceiling fan installer falls off his ladder am I liable for his injuries?

I have 12 foot ceilings and am worried for the safety of the contractor.

Tim Akpinar
Tim Akpinar answered on May 23, 2021

A New Mexico attorney could advise best, but your question remains open for two weeks. In such settings, the person is generally covered under workers' comp insurance. If there were factors that contributed to a fall in terms of unsafe conditions within the control of the homeowner (such as a... Read more »

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1 Answer | Asked in Immigration Law and Tax Law for New Mexico on
Q: Non-citizen couple have SSNs by temporary work in US. Can they continue filing taxes from abroad without any US income?

A non-citizen (no green cards either) couple have 4 children born in US and parents have SSNs because both spouses had temporary work authorizations during their stay in the US. How can the couple claim their child tax credit when they are not in the US any more? A US based income or permanent... Read more »

Agnes Jury
Agnes Jury answered on May 4, 2021

This is more of a question for a Certified Public Accountant than an Immigration attorney. Best wishes!

1 Answer | Asked in Real Estate Law for New Mexico on
Q: No will. Have oldest brother who moved in to parents house and dont let no one else live their.

Not all my other brothers and sisters have given him their part of the house.

Meanwhile the house is falling into serious and bad disrepair. Litteraly falling down.

He has become a hoarder to the point that the city cited him and ordered him to clean the house and property up.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 21, 2021

Hire a competent attorney for prosecute an Action for a Sale for Partition.

1 Answer | Asked in Personal Injury for New Mexico on
Q: What is the statute of limitations for a premise liability claim? I was assaulted by two individuals in a parking lot

The incident happened 3 years ago and I had been in therapy to work through the trauma of the attack from my physical injuries and the emotional harm that had put my career on hold.

Deena L. Buchanan
Deena L. Buchanan answered on Apr 14, 2021

The statute of limitations for injury claims is three years in NM. If you were a minor, you have up to an extra year after you turn 18. If the claim is against the government, it is a shorter deadline.

1 Answer | Asked in Employment Discrimination and Employment Law for New Mexico on
Q: Can an employer in New Mexico drop your hours from 37-38 a week to 30 hours a week because you were sick?
Kyle Anderson
Kyle Anderson answered on Apr 7, 2021

Hi, more information is needed here. The employer can generally schedule you for as many or as little hours as it wants. However, if you have an employment contract, or the company did so because your sickness qualifies as a disability under the Americans with Disabilities Act, this may be unlawful.

1 Answer | Asked in Criminal Law for New Mexico on
Q: If one has not had any felonies in over 15 years can one possess a fire arm

All charges was non violent including domestic violence

Stephen Aarons
Stephen Aarons answered on Mar 26, 2021

Good and bad news. The bad: federal law makes it illegal for your lifetime to possess a firearm or ammunition with penalties ranging from 5-10 years in prison. Lifetime ban.

Good news: New Mexico enacted an expungement statute last year and you should be eligible if you have had no criminal...
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1 Answer | Asked in Probate for New Mexico on
Q: can a friend (non relative) make claim on property that does not have any heirs
Anthony M. Avery
Anthony M. Avery answered on Mar 24, 2021

Claim based on what? There are probably some heirs at law. You might want to figure out who they are, then establish heirship. Then have the heirs convey the property to you for a small consideration. But a tax sale is the best option, as the taxes have to be paid anyway. Hire a competent... Read more »

1 Answer | Asked in Copyright, Entertainment / Sports and Trademark for New Mexico on
Q: I'm a musician and want to name my album "Sith" but Lucasfilm has the word trademarked, can I still name it that?
Jason Brooks
Jason Brooks answered on Mar 24, 2021

Trademarks can be registered in a number of different "classes" based on their use. You should probably hire an attorney to help you examine which classes LucasFilm has its mark registered in to see if it would conflict with your channel of commerce in music. Ultimately, if there is no... Read more »

2 Answers | Asked in Criminal Law and Probate for New Mexico on
Q: I am on Felony probation, is association with a Felon a charge or just a violation in the state of New Mexico

I've been dating this felon prior to becoming a felon myself

Stephen Aarons
Stephen Aarons answered on Mar 23, 2021

Associating with a felon is not a crime, but it is probably a condition of your probation that you not associate with a felon. It is possible that you could talk your probation officer into allowing the association. Or hope s/he never finds out and types up a probation violation.

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1 Answer | Asked in Personal Injury, Car Accidents and Legal Malpractice for New Mexico on
Q: Had accident in Tx 08/19. Live in NM hired lawyer in NM it’s been over a year now attorney said I don’t practice in Tx.

NM Attorney said take final offer or find TX attorney cause he’s not licensed in TX. Just found this out after one 1/2 year of waiting for a result. No communication from the attorney. I have done all work on providing him with medical documentation. He’s done nothing. No communication and no... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 21, 2021

A Texas attorney/New Mexico attorney could advise best here, but your post remains open for two weeks. Regardless of whatever it was that caused the lapse in communication here, you should move without further delay to sort this out. Is your attorney under the impression you moved on and retained a... Read more »

3 Answers | Asked in Military Law and Immigration Law for New Mexico on
Q: When a veteran is disabled and need help from some body who live in other country. What steps He has to do? Maritza .

My husband and I are disabled and live along in the house, He uses a walker and me a wheelchair, have been very difficult because we don't have family close and some times one of us falls at dawn in the night and we have to tried to help our self take long time but we do.

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Mar 10, 2021

This is not my practice area, neither I am in New Mexico. But you should reach out to the New Mexico Aging and Long Term Services Department. https://www.nmaging.state.nm.us/our-services.aspx

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