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RE: Trademarks - GEMS and AccuTouch

also on a sidenote - if we change the spelling can we trademark GEMMS or AcuTouch ?  just curious
According to http://www.networksolutions.com/cgi-bin/whois/whois, gemms.com belongs to Sterling Jewelers in Akron, OH.  Acutouch.com is registered to something called Genesen Texas which seems to be associated with Cyber Depot Teknology.   
She asked whether we could trademark the names, not whether we could register the domains.  They are different.  Trademarks are administered by the friendly folks at the USPTO.  There are 158 registered uses of the name GEMS.  If none of them are related to the election industry (and maybe software), we could still probably register it ourselves.  AccuFeed and AccuTouch are gone for good, as they are already registered for paper feeding and touch screen products respectively.
Getting back to Tari's question though:  the answer is no.  You can't trademark a fast food burger restaurant called McDowells (1).  You can't create a computer called a Pineapple either, although people once tried.
(1)    Slightly obscure Eddie Murphy reference.