Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
The standard of review at the PTO is whether there is a likelihood of consumer confusion between the marks, which depends on the similarity of the marks and the similarity of the goods/services. here, the marks are the same AND the class of goods are, while not exactly the same, similar....so the chances of a rejection on that ground is fairly high. So the quick answer is NO....there is probably not room for those two marks, but if you believe that for various reason(s) there would be no consumer confusion in reality then you can take the chance, file the mark, and argue it with the PTO if they reject on those grounds (using a TM attorney of course). The cost of filing a TM application is fairly low so there is not much risk in trying and seeing what the PTO thinks.