however, according to the USPTO, "there is a possibility of confusion between trademarks, because the trademarks are so similar and the goods and/or services used are so related that consumers will mistakenly think that they come from the same source. Each application is based on its own facts, and there is no strict mechanical test to determine the possibility of confusion.

if the goods and services are similar, the applicant may have greater challenges in trying to prove that there is no possibility of confusion. Part of the reason is that the applicant will not be able to point out any differences (such as spelling, sound, meaning, etc.) in the mark itself.

So, if the word mark you are considering is exactly the same as the registered trademark, your goods or services need to be completely different and irrelevant from those of the merchants who have already used the trademark.

But even in different industries, there is no guarantee that the same trademark will be approved. However, avoiding similar industries will definitely increase the possibility of approval.

Recently, the Trademark Registration Committee rejected the application for registering CITY OF HEROES as a trademark for T-shirts and other clothing categories, because CITY OF HEROES has been registered as a computer and video game. The Committee believes that the trademark may lead to confusion in registering the same trademark for computers and video games. Third-party registration and use indicate that the goods are related and sold in the same trade channel. The applicant believes that the registered trademark is no longer used (according to Wikipedia), but the board of directors refuses to cite the mortgage attack on the cited registration.