First of all, you are referring to a trademark, not a copyright. Second, you cannot obtain a trademark on a name if someone else is already using that name in such a way that your use would cause confusion in the marketplace. Certainly, if someone else already has a registered trademark and your use does not pre-date theirs, the answer to your question is no. If your use does pre-date theirs, the answer may be yes.
Answered on Jul 24th, 2013 at 8:36 PM