If there is already a business that is operating with the same name, then it’s unlikely you can Trademark it.
This is especially true since it sounds like you both operate in the same space. Although they have not trademarked the name either, they can likely prove that they have used the name to conduct business prior to your app development. When in doubt, ask yourself if your business and their business would confuse users. If the answer is yes then the name is too similar.And, if they have been operating longer then litigation would likely go in their favor.
You should consult an IP attorney. They can walk you through the trademark process and even help you identify the best way to go about naming your app. Get in touch with us atWe can connect you with a seasoned IP attorney that is both knowledgeable and affordable. Let us know if we can help!