I recently approached Grey Bloke after my previous regiment and another decided to merge wanting to do so under the 88th name, knowing his numbers were low he accepted to join the endeavour in return for a reasonable rank, as such our name reservation stands valid and under the rules of this community it is taken. I am afraid the fact is that you must change your name or risk repercussions.
If you need any aid in choosing a different regiment I can help, I'll even do you some basic photoshop work for the thread.
I would recommend the 9th East Norfolk, 45th Nottinghamshire or 48th Northamptonshire. But there are a fair few to be taken.
All fought hard throughout the Peninsula war, 45th fought at every action alongside the 88th and share just as much glory whilst the 48th fought at almost every action, held back 5x their amount of French at Talavera and were decimated at Albuera but continued to fight at their peak.