I want to trademark someones firm name?? help?

[jung-hwa75]

A person who is running a business from last 3-4 years,but his firm name or product name is not trademarked.
for example his firm name is ABC.
I want to know that Can I trademark "ABC"? because this name is not trademarked I know that i can trademark this, but what type of legal actions he can take against me ,if I trademarked his business name ??
and what profits i will get from trademarking his business name?

[vruyk]

A business name cannot be trademarked. A trademark is a distinctive mark or logo. For example, "McDonalds" is not a trademark, but the 'golden arches' mark is. "Nike" is not a trademark, but the 'swoosh' is.

Second, if he is using a trademark, then he has the right to continue using it, even if he has not registered it, but he loses a lot of the protections he would have if he did.

For example, if he has a certain mark in use, and someone else starts using the same mark, he would have to prove that the new user knew about his use in order to get compensation, and if he required the new user to stop using it, he could be liable for the costs they incur in doing so.

Richard