How can you refer to someone as an idiot when you can't even post an inteligable question? Do you have any idea what you're talking about?
A "trademark" is to protect a name like "Pepsi", a symbol like the Nike "Swoosh", or a slogan like "I Love New York". You could not form a drink company and call it Pepsi because they have their name trademarked, even if you invented a drink that tasted exactly like Pepsi, you would have to call it something else.
A "Patent" is to protect a product idea or invention. If you were to invent a new style of pants or come up with design for something. You would apply for a patent to keep people from copying your idea.
Now if you have an idea for the name of a company that is being used by someone already and they don't have it trademarked, you may still be able to use it. What you can do is apply to the state for the use of a ficticious name for your business, if they say yes then you can use it. If you are thinking that you can apply for a trademark and then force the other business to change their name, it's not going to happen. Likewise for the patent. If they're using it first, you will have a very difficult time getting a patent.
A prime example is the yellow pages walking fingers. It is not protected by a patent or trademark, so anyone can use it. There is no way anyone could get a trademark on it now!