Are there any exceptions to trademark infringement laws?

Yes, there are exceptions to trademark infringement laws in New Mexico. One type of exception is called “fair use”. This exception allows individuals or organizations to use a trademark that is not their own in very specific, limited situations. This kind of use is allowed if it is for satire or parody, news reporting, or educational or informational purposes. Another exception comes into play when trademarks are used to identify a service or product, such as a brand spokesperson. Under this exception, the trademark can be used to identify the product or service, but can’t be used in a way that implies an endorsement. A third exception is for trademark owners who use another individual or organization’s trademark without permission and without any intention of deceiving consumers about its source. This is called “nominative fair use” and allows a trademark to be used to simply describe a product or service, without any attempt to market or advertise the product. Finally, some trademarks can become generic or descriptive. This process is known as genericization and it means that an individual or organization can use a trademark that has become generic without fear of infringement. In summary, there are exceptions to trademark infringement laws in New Mexico, such as fair use, nominative fair use, and genericization. It’s important to be aware of these exceptions and ensure that their use does not constitute trademark infringement.

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