What if another company is already using a similar name but I still want to register?
In short, this is possible. However, it would be best to consult an experienced trademark attorney in making a determination on acquiring such a registration since the USPTO routinely rejects trademark registrations based on the “likelihood of confusion,” i.e., that consumers could be confused between a prospective trademark and one that is already on file with the USPTO.
Each application is decided on its own facts, with the examining attorney looking at many factors, starting with the marks themselves to looking at the similarity of the goods and services you provide with the registered mark. Of course, there are no guarantees; however, we have overcome likelihood of confusion rejections before and can give you an honest assessment of the chances that you might face.