What are the odds USPTO will register my mark? Conflicting marks?

[iwantmymark]

What are the odds USPTO will register my mark? Conflicting marks?

MY UNREGISTERED MARK:
Fictional example of mark is "@@@@".
I have been using it for 15 years.
Regrettably did not file for a trademark earlier.
I am unable to change my mark

PROBLEM:
There is now an existing single category mark with the USPTO.
Incontestable.

Can I still file for my mark in the same geographical area,
New application?

Both business have the same.
I started my business first.

What might happen if the mark is denied, will I be sued for using the mark. Should I not file for a trademark.

 

[divgradcurl]

What are the odds USPTO will register my mark? Conflicting marks?

MY UNREGISTERED MARK:
Fictional example of mark is "@@@@".
I have been using it for 15 years.
Regrettably did not file for a trademark earlier.
I am unable to change my mark

PROBLEM:
There is now an existing single category mark with the USPTO.
"Class 38", category "Data Transmission"
Incontestable.

Can I still file for my mark in the same geographical area,
"Class 38" category "Service Provider"?
New application?

Both business have the same.
I started my business first.
Services are different but we both work in the computer field, hence class 38.

What might happen if the mark is denied, will I be sued for using the mark. Should I not file for a trademark.

If you were using your mark prior to the other registration, then you won't be sued for your use of the mark, unless you try to expand or grow your business beyond the geographical locale you currently work in.

As far as obtaining a registration, if there is already an identical mark in the same class, it is unlikely that the USPTO would grant a registration. However, there may be some fact in your case that would still allow for registration -- talk to a local trademark attorney to get an opinion.