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He's been using it before you, in your industry. Any way you try is a dick move and IMO setting yourself up on a crappy foundation.
He can challenge anything you do by filing a trademark at any time and showing he has been using it before you, in your area, in your industry.
Legally I am not sure but can get annoying, expensive and IMO a bad move.
My 2 cents - sure if it's available and the government will register it to you then you own it. Unless you have a trademark they are actually probably free to keep using the name. It may create some confusion for both of your customers. Could be good - could be bad... a name is overrated.
I think a great business (takes care of customers, reliable, honest) will thrive even with a boring or "bad" name but some catchy sounding name that doesn't actually deliver will not last long.
So my point is - the name doesn't much matter so long as it isn't offensive and potentially lends itself to describing your product or service... (doesn't always have to)
Yeah, don’t do that.
Someone did this to me and tried to trademark a business name I had been using for my LLC.
Because I had been doing business under the name for over a year before this person, I was granted access to continue using the name and they had to choose something different.
They could easily be in the process of making their business more formal and professional so you definitely don’t wanna step on their toes. Find a new name.
You can technically register it and send him a letter saying to stop using the name. He would need to prove in court he was using it before you, which jt sounds like he can. You would most likely lose. He might change it rather than fight it in court.
Not worth it either way. A name alone doesn't make a company.
You’re a dick for even considering this! With that attitude the business world is gonna eat you up and fuck you over. Focus on a good product and good customer service and you might stand a chance.