I would like to echo the fact that just because a name hasn’t been trademarked by the other company, it doesn’t mean that they don’t have rights to the name already. For example. if the company can prove that they have been using the name to sell their products then it is likely that you will be challenged when you file for the trademark. However, you may still be able to trademark the name, but without the ability to stop the other company from using it. There are a few ways that this could pan out in court. Some of it may come down to things such as geography (does the other company already sell in a certain region? and timing (when did the company start using the trademark). It will definitely come down to various facts and specifics which you should discuss with a trademark attorney.
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