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To: zonkie who wrote (23)9/9/1998 7:10:00 PM
From: Diver  Read Replies (1) | Respond to of 83
 
In trademark issues, the office looks at the class of registration to see if granting the mark would be "confusingly similar" due to it being in a related field or; if the request for a mark is not specific enough or in general usage so as to not be able to be trademarked (i.e. - You try and trademark "Cotton Balls").

In this case, it would confusingly similar if it applied to a body lotion but perhaps not to a food additive, errr... supplement.... sweetener.... whatever.

If the trademark office finds it unclear, they will ask for additional information from the applicant to establish that no reasonable person would be confused if the mark was granted. This is usually the case if the marks are similar "Touch of Nature" vs. "Touched by Nature". In this case, it's a matter of would you be confused by there being a Touch of Nature shampoo and a Touch of Nature sweeterner-like thing? (Reminds me of an SNL routine...."It's a dessert topping....It's a floor wax....")

Diver