local band separated, is name up for grabs?

[snetrem_22]

What is the name of your state? WI

I am in a newly formed band now performing locally but soon nationally and we just found out that our name is being used already at a local level in a different state.
If the local band splits apart and is no longer a band, does the priority right they have on our band name in their state still exist? Or is their name free game.

 

[divgradcurl]

Generally, once someone stops using a name, the name is up for grabs. If the name is registered as a trademark, either federally with the USPTO or at the state level, there may be some exceptions to this rule.