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Once a name is used in commerce then common law trademark rights attach. We have a first in use system not a first to register which means that you could be blocked from even getting your trademark.
However there is a recent case that could make a superior rights holder lose those rights to a minor holder --- IF -- the superior rights holder failed a false or misleading application and thus it would be considered a fraud upon the trademark office. -- The case is Medinol - just google it.
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