If others use that same trademark, you'll need to calculate your chances of ultimately winning the registration by satisfying yourself that you were an earlier claimant than your competition (if in the same market area). If I were faced with someone else that was on the scene using the same trademark (using a TM), I'd probably take my investment to a different, unused trademark rather than waste all the time and effort hoping they go out of business.
I suppose it's possible a competitor will challenge you if that entity shows they were clearly first, but if they don't survive in business, or you buy out their trademark, you might still be the eventually winner of the registration.
IANAL, so that's merely my two cents worth. But, I've always gotten the registrations for which I filed, which I think is up to six.
HF
Thanks a lot. Wow holy smoke, 2-3 years. That’s government for you though lol. How did Trayvons parents get those trademarks so fast though? And that’s not even a logo, it’s just his name in a sentence.
Oh wait I see, Trayvons parents filed on 3/21/12 (gee, they didn’t waste anytime did they?) and it was approved on 6/23/14