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If the prior owner is still using in commerce that likely going to be a huge red flag. TM rights derive from one’s use of the mark in commerce, not from whether they have a TM registration.
Just to point out in case OP isn’t an IP lawyer, make sure to analyze whether the senior user of the mark is using it in the same goods and services as the client. Multiple people can use and register the same mark in different fields.
Yes of course, I assumed the good/services were identical or at the very least, legally related. But I shouldn’t have assumed!