trademark
Trademark infringement, cease and desist
<p>I'm currently looking to trademark a product name for my company. Through research, I've found that another company is selling a similar product under that name with no trademark whatsoever. Is it possible that I can continue to trademark my product name and have the right to send them a cease and desist; so that I may sell mine without any confusion?</p>

<p>No</p>

<p>If they have prior usage then they have the trademark already and are the only ones who can register it. Trademarks arise through use - registration is not required.</p>
