You need to obtain a trademark. In the US, go to:
As for "the" being or not being there, it probably won't fly. Trademarks are there partially to help prevent confusion in the marketplace. Yours may not be different enough to qualify.
Once you get to the website, do a search! You must search for the trademark to see if anyone has it. THAT IS ALL THAT MATTERS! Not finding it online doesn't mean anything. It's the OFFICIAL USPTO database that counts.
You can apply without searching - but you will not get your money back if someone else already owns it.
You can apply already knowing someone else has it - but you will not get your money back. They will register your trademark anyway, but when you go to court, the court checks the date of registration...first come, first served.
What is up with hyperlinks? Why is this whole post a giant link?