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Intellectual Property Law

: The TTABlog

TTABlog Test: Is CLINCH PICK for Knives Confusable with CLINCH DRIVE for Wrenches?

The USPTO refused to register the mark CLINCH PICK for "Military and tactical knives; fixed bladed knives" [PICK disclaimed] on the ground of likelihood of confusion with the registered mark CLINCH DRIVE for "Hand tools, namely, wrenches" [DRIVE disclaimed]. Given the disclaimers, the marks seem pretty close. What about the goods? How do you think this came out? In re Shivworks Products Group, LLC, Serial No. 88330418 (September 4, 2020) [not precedential] (Opinion by Judge George C. Pologeorgis).Sure enough, the Board found that, although the meanings or connotations of the words PICK and DRIVE may differ, consumers are likely to place more significance on the initial and distinctive word CLINCH. Viewing the marks in their entireties, the Board found them to be more similar than dissimilar...continue to full post

Full post as published by The TTABlog on September 08, 2020 (boomark / email).