Hypothetical question....what if you were starting a company that produced a widget and you picked your company name and designed the logo and looked online at the government trademark office nad found that the neame you had picked was not in use. However, you later find out that there is indeed another company by the same name in another part of the country that is producing something in roughly the same arena..... for instance, say that you were producing only athletic baseball caps but found another company that produced only yarmulkes.... both companies are in the headwear business, but vastly different. Would the company who originally was using the name have any legal grounds to keep the 2nd company from using the name if they had never registered it but had been using it for a period of time. Or can both companies use the name since they operate in different arenas. Or can the 2nd company have the upper hand if they go ahead and register/trademark the name? The reason I ask is because I have a friend in such a scenario.....not hatwear....but you get the basic idea of what I am saying.