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Band name legality, US and Europe

Hey all,

I have a band, and I want to register the name so I own the rights. Everything is clear in terms of US Trademark registration, ASCAP.com and BMI.com, and bandname.com registrations. The name is not registered there.

But, 2 bands, aside from us, are using the name on myspace. They do not appear to be active, however. One is in California, the other in Germany.