Can I trademark an existing business's name if they haven't done so?

Jake T

New member
Hi all,

I thought up a very good name for a company I would like to start, however, as luck would have it, a company already exists with the same name in the exact same field of business. They have not, however, trademarked their name. Is this name available to me if I am the one who trademarks it?

Example: Let's say I like the name Starbright Studios, but a Starbright Studios already exists, the trademark however for both "Starbright" and "Starbright Studios" does not exist. Can I then trademark the two names and use Starbright Studios as my business name, with more legal right than the original Starbright Studios...would it effectively force them to change their name?

Thanks!
 
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