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Which business was using the business name first?
You need to determine who was using the business name first. Trademark rights are established on a first-come, first-serve basis. You want to be the first business to have used the mark so that you can establish yourself as the senior rights holder. If you started using the business name before the other guy, then you're in great legal shape (assuming you can prove it!). On the other hand, if the other guy used the business name first, then you're pretty dang screwed.
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