The board tossed out the commuter train's trademark application last week.

But the rejection isn't because of trademark infringement. It's actually because the board says New Mexico officials filed the paperwork incorrectly.

A re-filing by the New Mexico commuter train may prove difficult, considering there is already another company with the Rail Runner name.

The Massachusetts based company RailRunner N.A. says they have been around a lot longer than New Mexico's commuter train project.

"We believe we have prior and superior rights to this name. It's been the name of our company since the company was founded, we have long ago filed our trademark and we intend to defend our intellectual property rights vigorously," RailRunner N.A. President Charles T. Foskett.

New Mexico Rail Runner officials say they plan to appeal the ruling.