Just fwiw, you do not need to have a "registered" TM to have a TM.
See my site, http://www.dnlaw.info </shameless plug> for more, but in a nutshell, the best way to see if a name you want will have TM implications is just to google the name and see what comes up. If some specific company or use associated with that company appears, then you've got even more evidence that there is a common law TM.
-Allan :gl: