The business is in a different geographical state from mine, doesn't appear to have any tangible products or web presence and there would be minimal or no overlap in terms of stated products. Would an application be worthwhile in this situation or be rejected? Are there any other measure I could take to facilitate legal use of this business name? Many thanks in advance for any assistance.
If another entity has trademarked the name, you may have a difficult time receiving approval from the USPTO. I strongly advise you to speak with an experienced intellectual property attorney before proceeding with your application.
Best of luck.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law. Any comments are merely suggestions for you to think about in discussing your situation with your local attorney.
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