It is possible especially where they are in different states, however one has to bring it to the notice of CAC.
However, IT DPENDS!
What you need to ask is:
1) Whether the other business is in the same industry?
Where the name can confuse customers then there is a problem but where not,it is not an issue to worry about.
2) Whether the other business is in the same geographical area?
If it is in same location, then there is customer confusion but where they are in different location there moght be no problem since both have their separate customers.
3) Who registered first?It is not a matter of who used the name first but who registered first because trademark rights are mostly established on the basis of first come, first serve.lf u first started using the name but the other registered its trade first, you may use the name but only in the market you were operating in at that said time when the other person registered. So register your trdamark fast.By registering the mark before you,the other business puts u and everyone also in constructive notice that it owns the name..Where both name are registered same time, they may be asked to adjust its name or be stopped from using same name but this is always stronger where its trademarks are registeredand where one registers it's trademark before the other,it is advisable for the to graciously step out in other not to attract damages in case the registered business hold decides to take it up legally.
7 months ago
except the name is deactivated on the ground not annual return unpaid since you registered