In short yes. However, pre-existing, non-Federally registered marks in local geographical areas may co-exist with your mark. For example, “Flips” restaurant in San Diego, CA has not registered its trademark and has done business in San Diego for some time. A new company may Federally register the mark “Flips” but may not be able to enforce its trademark protection rights in the San Diego market.

Based on these complex situations, a trademark attorney and formal trademark opinion with Common Law trademark search is extremely valuable and recommended in these situations.