Legal Question in Intellectual Property in New Mexico

I have a company that has been operating in the public eye since 2004. We are a non-profit concert production company. In the summer of 2008, a small all ages performance space opened up with a very similar name. We figured that a project like that had limited likelihood of surviving and we did not complain. They have recently moved to a new, high profile location and we have been getting a lot of phone calls about "our new space" or "our new focus". Clearly there is confusion in the general public.

Is there a time limit for enforcing your trademark?

We have existed for 8 years and they are just pushing 3 years old. But they were not doing any sort of advertising or promotion in that time and are only recently getting any public attention.


Asked on 2/14/12, 7:51 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

If your trademark is still valid, there is no time limit to take legal action to enforce it against the unauthorized use by others. "Similar" names are more difficult to enforce under trademark law, but not impossible.

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Answered on 2/17/12, 4:14 pm


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