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They might have a patent or trademark ?pending? and for most such pending applications, as long as there are no objections, will eventually pass. Then they will get their trademark from the day they first applied. So if someone is already using your word or name, and claim trademark, for the same sort or type of product/service - my best advice would be to stay away and find another word/name for your stuff.
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The truth is not affected by the beliefs, or doubts, of the majority.
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