Trademark application

[etotaro]

A trademark application was recently filed online with the U.S. Patent and Trademark Office. The pending trademark consists of two common words, both in their plural forms connected by "and". This was an "intent to use" application for goods in one category only. Is it possible to obtain a trademark using these same two words (the first in its plural form and the second in the singular form), also connected by "and" for a product in a totally different category? The words give no indication of what the products are. If it is not possible to obtain a trademark, would it be possible to patent the second product using these sames words? The goods in question are totally different and not related in any way.

 

[ALawyer]

It would be possible to file for a trademark in a separate class, but that may not solve the problem of confusion if push comes to shove.