Trademarking can be a ridiculous process.
I am scarred for life from trying to trademark something. It turns out, you can't breathe easy about your trademark until you officially are accepted for it. See, they've already let tons of people trademark simple words. It's like trying to buy a .com domain now.
Now, this was 10 years ago. I was a little nervous when I saw that someone who didn't invent the expression had already trademarked "mark my words" and was serious about defending it.
I tried to trademark Lostdog Tricks, the name of my band. The Trademark office took my non-refundable $300 and told me, "sorry, there is a small cafe in rural America called The Lost Dog Cafe that my proposed name is too similar to." Yes, the trademark office let those guys trademark "lost dog" AND also had the audacity to consider it relevant to my creative band name, that ran the 2 words together. They could sue me if I used my band name.