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New Mexico Trademark Questions & Answers
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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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 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 Trademark for New Mexico on
Q: Can someone trademark a phrase that is within my longer trademark?

Is "Wild Daisy Graphics" (my hopeful business name) a different trademark than "Wild Daisy"? I'm afraid that even if I get Wild Daisy Graphics trademarked, then someone can come along and trademark "Wild Daisy" and then claim infringement on me.

Evelyn Suero
Evelyn Suero answered on Oct 31, 2020

Whether two trademarks are different or confusingly similar depends on many factors including the similarity/relatedness of the class/categories for the products and/or services represented by the trademarks; whether there is a likelihood of confusion, etc. The USPTO will likely issue a refusal of... Read more »

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1 Answer | Asked in Trademark for New Mexico on
Q: Someone is trying to sell my trademark as a domain name. Is that something tort litigation handles?
Jason Brooks
Jason Brooks answered on May 8, 2018

A person who registers someone else's trademark as a domain name hoping to later profit by reselling the domain name back to the trademark owner is known as a cybersquatter. If you believe that someone has taken your domain in bad faith, you can sue them under the provisions of the... Read more »

1 Answer | Asked in Trademark for New Mexico on
Q: I am in the process of building a website for my handmade jewelry and I noticed that somebody has trademarked my name

Or is trying to trademark Solea. Will I be able to trademark my name? I haven't decided quite yet on my business name but I was going to use my name or at leat a part of my name. Thanks for your time.

Michael Gerity
Michael Gerity answered on Sep 19, 2017

It depends entirely upon whether or not the goods and/or services offered by the other applicant are the same or similar to your jewelry. The more similar the goods and/or services, the more of a problem you would have. It also would normally depend on who actually used the mark in commerce... Read more »

1 Answer | Asked in Trademark for New Mexico on
Q: When searching for a Trademark name and i find that some one has the same name just different font and logo,

does that mean i cant submit the logo idea that i have ?

Benton R Patterson III
Benton R Patterson III answered on Sep 18, 2017

It depends on whether the name is claimed as a feature of the mark or if only the design is claimed. You also may be able to register your mark if the goods/services are different. A trademark attorney would have to review the registered mark and your proposed mark to provide a more definitive... Read more »

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