distinguishing words

[tanzter]

What constitutes as a distinguishing word in trademark law?

Example:
A clothing company has a federal trademark for "cabinet".
Would I be able to obtain a federal trademark "jay cabinet" or "j.cabinet" for the same international class?

Appreciate the input.

 

[Michael Wechsler]

Probably not IMHO. If there is a likelihood of confusion that will be caused, the trademark will not be issued. In this instance I'd say the confusion factor is very high, especially in the same class. If you registered cabinet in another class, e.g. automobile manufacture, that would be a different story.