I would like to Trademark a business name that is already in use by a business. What are my legal rights?

[zackary42]

I helped come up with the name of the business, but am otherwise uninvolved. Once I have trademarked the name, what are my legal rights when it comes to the business?

[troyes]

Apply for availability of name and get it Registered with the Registrar of Companies with the business name. Apply for separate Trade Mark registration with the details of sales for the last three/five years to establish that the Brand name has been in existence in the Market (both in the National and International). You will get the clearance after a waiting period of three years if no one raises any objections within three years.
Have a good trust worthy Lawyer to handle the matter to ensure that the matter of registration is kept confidential and does not leak in any manner other than the procedure laid down in the law, to avoid competitors who might wait for a while to market their product with similar/identical name either visually or phonetically. Once you get clearance from the Trade Mark Office , you can rest assured .

[delron]

You sound like a slime ball. If the person you helped come up with the name, already registered it, the name is his. Unless you went into contract to be compensated for coming up with the name. Otherwise get over it. There are many businesses that operate under the same name. Only when they become big does it become an issue. If you try to start a Mc Donald's burger stand you will get letters from lawyers

[marmion]

If the other business is using the name, you cannot Trademark it. You have no rights to the name simply because you 'helped come up with it'

[anglesey34]

You can not use a trademark which has already been registered by someone else. It is illegal.

[adusa37]

You can not use exactly the same but you can keep the same name giving a new number.