Should I find a new name if the name I want to trademark is already trademarked by a company in the same class?

While you are referring to same class, I believe that activities are similar and you are willing to register in same country. Based on this assumption, my opinion would be following:

• You should not make an application as it is already registered and you should also stop using the said name, as unauthorised use may amount to infringement.

• If you have sufficient proof of using the said name prior to date claimed by the registered mark, you may make an application to take advantage of prior use.

I would recommend to first consult an Attorney for the matter, so one can guide you knowing the facts and full case.

If you are seeking professional assistance to register a Trademark, feel free to connect with an expert at LegalWiz.in on 1800–313–4151.