Rio Rancho, NM asked in Trademark for New Mexico

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 the state of Minnesota. Additionally, I have only had one client in New Mexico, so I have paid taxes to the state and have a mailing only address in New Mexico. Reading 2019 New Mexico Statutes Chapter 57 - Trade Practices and Regulations Article 3B - Trademarks Section 57-3B-14 - Infringement doesn't seem to apply to out of state LLC. Please let me know if you need additional information.

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2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: The test here is likelihood of confusion.

Whether somebody would get confused.

You need to consult with an attorney.

Omar Darwich
Omar Darwich
Answered
  • Trademarks Lawyer
  • El Paso, TX

A: If you consult with an attorney they can get more information from you and provide a more detailed answer.

You should absolutely consult with an attorney.

Better safe than sorry

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