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[greg bant]

I did a trademark search and found a mark identical to my intended mark.  i wish to sell a specific type of clothing (uniforms for nurses) and the identical mark lists clothing broadly but I don't think they actually sell nursing clothing.  Is their listing of goods controlling over what they actually sell?  should i give up or modify my mark?

[JSonnabend]

If the channels of trade are sufficiently distinct between your goods and the listed goods, you might be able to convince an examiner that your mark should be allowed despite the existing registration.  These types of arguments can be difficulat to make, however.

- Jeff