I am a consultant providing consulting services under a fictitious business name. I don't have this name registered. I have been doing this consulting since 2010. I have an Internet presence established for this name since 2010.
I found today that another company uses the same name as mine which is located in the same area where I am located. This is also the consulting business but in the different area. They established their business in 2012.
I am planning to register my fictitious business name and use 2010 date.
My understanding is that by using this name, I established common use trademark and I have rights for it since I started using this name earlier. Am I right in this assumption?
Also, what can I do regarding this company that uses the same name? What are my rights?