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[Gitman]

same class.  How is that?  Both are registered too, so there is a way.  You can search for the word: Enlighten.  And starting from the bottom you will find two companies in IC 009 with this same mark.  Both are just for the word with no stylized logo.

?

[CriterionD]

One mark refers to:

"network-based, integrated knowledge management system, namely system hardware, system software, web site development and display software, and multimedia content, namely text, audio, graphics, still images and moving pictures, providing customer-specific information and tools for inputting, gathering, organizing and disseminating customer information"

Another mark, "nlighten," also in IC 009, refers to:

"Electrical converter"

And a separate one, in IC 009, refers to:

"COMPUTER PROGRAMS"

all three are "live."

An "electricial converter" is very arguably distinguishable from "computer software"

As for the other two marks, there are a couple possible explanations including that the staff at the USPTO could have made a mistake or poor judgement.  Anyways, trademark classes are defined in a very general manner.  

Actually, I beleive the explanation here is that the registrant of the first "compuiter programs" mark failed to file a 10 yr "affidavit of use," which would make that mark, or at least its registration, invalid - in which case I believe it should be marked as "Dead" rather than "Live."  Someone else here may be able to provide a clearer answer

[Gitman]

Hey,

Thanks so much for that reply.  Yea, but I thought the whole point of the classes, was to protect your mark for EVERY item listed in that category.  So for instance, in 009, you can have laptop computers and or computer software.  If a company registers a word like Enlighten for the 009 class, but they are basically just a software company, are you saying that another company who sells laptops could register the same word in the same class?

That seems confusing to moi.

[JSonnabend]

I'm not sure what CriterionD is looking at, but if it's reg. no. 1414828, then the time period of filing the section 9 statement isn't over yet (nor has the six month grace period begun, for that matter).  In any event, Examiners don't assess whether a senior registration should or shouldn't still be live.  If it's live, it's "in play".

Regarding protection for an entire class, that's a common misconception you've stated.  While CriterionD's statement about the two goods at question being "distinguishable" from one another isn't really the determining factor, it is one factor which is considered in deciding whether a junior mark would likely cause confusion with a senior mark.  

The bottom line is, if consumers would likely be confused between two marks applied to two different goods (i.e., they would think the source of the goods is the same), then the junior application will be rejected under 2(d).  Classification of the goods is besides the point, really.

Finally, one should keep in mind that the classification system is really an artificial construct designed to generate PTO fees as much as anything else, practically speaking.  Often times goods in two different classes are more closely related than other goods in the same class.  In analyzing likelihood of confusion, actuall classification of goods plays very little role.

- Jeff