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New Mexico Trademark Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for New Mexico on
Q: I own a trademark brand that's been cancel.And the attorney that that I still have his name on, no longer exist
James L. Arrasmith
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answered on Dec 4, 2023

If your trademark has been canceled and the attorney previously representing you is no longer available, you'll need to address this situation promptly to protect your brand. First, determine the reason for the cancellation of your trademark. This could be due to a variety of reasons such as... View More

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2 Answers | Asked in Trademark and Intellectual Property for New Mexico on
Q: I own a trademark brand that's been cancel.And the attorney that that I still have his name on, no longer exist
Felicia Altman
Felicia Altman
answered on Dec 1, 2023

If a trademark has been cancelled by the USPTO, generally you must refile the mark to regain ownership of the trademark. You can engage any Trademark Service or Trademark attorney to assist with this matter. Depending on why the trademark was cancelled it should be a straightforward process for... View More

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1 Answer | Asked in Intellectual Property, Trademark and Copyright for New Mexico on
Q: I am asking for clarification on the Let's get Ready to Rumble trademark.

I am a pastor at a church beginning a new series called "the Rumble" We would like to have a mic fall from the ceiling and one of the pastors to say Let's Get Ready to Rumble. We have a livestream and want to avoid trademark/copyright issues. Can I have some assistance in this?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 2, 2023

LET'S GET READY TO RUMBLE has been registered since 2000 for advertising and entertainment, by sports announcer Michael Buffer through his corporation READY TO RUMBLE INC. The proposed use for similar services could be considered infringing by the trademark owner. However, since the context of... View More

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... View 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... View 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... View 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... View 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... View 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... View More

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