The mark consists of The color or description of the trademark is not the issue, the name and the company services are what is confused. Thus the company is in another state only serving children ages 6 weeks to kindergarten (6 years old) M-F out the week day. Whereas, I am serving people in the communication families from ages 6weeks to 105 or until deceased/no longer need development care services only during the weekend. Services can be at client homes or at a community development center. My company is compared to a company called Bayada home health care where they provide nursing care in a center and at homes across the USA dealing with only nursing whereas I want to only deal with education. "Applicants should note that consumer confusion has been held likely for marks that do not physically sound or look alike but that convey the same idea, stimulate the same mental reaction, or may have the same overall meaning. "the present case, the marks do not physically look alike overall, but convey the same idea, stimulate the same mental reaction, and have the same overall meaning related to the use of the identical wording "OPEN ARMS".
The color(s) red, green, and black is/are claimed as a feature of the mark.
Trademark: 90717098
