I'm trying to start a clothing company. I see other really small companies out there with the same name that I want to call my company. If they aren't trademarked or registered...can i still trademark the name first?
That depends on a slew of things including the name being used, the industry, how common the name is, what state the business is etc. You need a trademark attorney to sit down with you and discuss the specifics because trademarking is very technical.
Depends. Do you want to be in the clothing business or the lawsuit business? Find a name that's not taken.