I'm not sure the mere occurrence of the same phrase would invalidate someone's attempt to trademark it. I trademarked a two word phrase that has occurred befor

I'm not sure the mere occurrence of the same phrase would invalidate someone's attempt to trademark it. I trademarked a two word phrase that has occurred before on the web, but it had no special meaning in the industry. In other words, no company or process or device came to mind when people in the industry heard the phrase. Nobody had made an investment in it. As part of the proof that the phrase wasn't special, I actually provided search urls for the phrase and explained how the usage in the top results was generic.