https://www.tmdn.org/tmview/welcome <==Europe
TESS <== USA, Madrid
You can register a similar or even identical trademark for a different type of enterprise. The current trademark owner has to challenge it with the trademark issuing authority -- you would have to answer his claim and prevail in the registration.
I suggest you hire an attorney competent in challenged trademarks
This probably is not going to be a 1,2,3 done deal ...