Q: Someone applied for a trademark I wanted. Can i compete for the said trademark? Their application is new.

A: When it comes to rights to use a particular trademark in conjunction with particular goods and/or services, the most important issue is the date that a party first used the mark in commerce in conjunction with the offering of those goods/services. Thus, the first to use the mark in commerce wins the rights to the mark--they have "priority". There is no competing for a mark outside of establishing priority of use in commerce. The use sufficient to meet the definition of use "in commerce" is a very fact-driven analysis. The only exception to the standard priority rule is the "intent to use" application, which allows a party to seek registration of a mark they have not yet begun to use in commerce. If an intent to use application results in allowance from the Patent and Trademark Office, and the party then begins to use the mark in commerce, they get priority back to the date of their filing of their intent to use application.

So, here we don't know when the other party first started using the mark, or if they filed an intent to use application or an application based on actual use. Either way, it sounds like you may have a problem if you haven't started using the mark in commerce already yourself. The brief description you have provided appears to describe preparations to use the mark, but not actual use in commerce. The issue of your use and that of the other party would both need to be analyzed to answer your question.

***Please note the important disclaimers set forth at the bottom of this page.***

A: You can apply, but the other application will be evaluated first. Its probably best to have a trademark attorney review all the facts. Two of the same marks can exist if they are distinguishable in commerce. You may still be able to register the mark.