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If someone is using a name but have not trademarked it or has an official business, can I apply to trademark it ?

I am starting a candle and soap company and want to buy the domain name and register the trademark of my company. I have found there’s a Facebook page with the same name, but he has not trademarked it or have an official business. He is using it as an artist, I would be selling soaps, candles, but I would also like to sell art prints on my website. Is this a conflict of interest?

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