Legal Question in Business Law in California

"Can I trademark..." It requires an application that has to be approved by the U.S. Patent and Trademark Office.

"Is there risk of confusion?"

There is always some degree of risk for confusion but how much depends on an attorney conducting an analysis of your actual application and background investigation of your matter.

While I don't disagree with Mr. Kubler, I'd say you are relatively safe. Trademarks are assigned based upon product category, so it's legally possible to have the identical word or phrase in use on several items. I wouldn't try using "Coca Cola" for the name of something not a soft drink, such as a machine. On the other hand, I see no reason why "Purple Passion" couldn't be trademarked simultaneously by makers of paint, lipstick and Zinfandel.