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TTAB Reverses 2(d) Refusal: "GRIP-RITE" for Industrial Gloves Not Confusing With "GRIPRITE" for Shoes and Boots

Reversing a Section 2(d) refusal to register, the Board found the mark GRIP-RITE for "protective gloves for industrial use" not likely to cause confusion with the registered mark GRIPRITE for "footwear, namely, shoes and boots." Although "somewhat of a close question," the Board based its ruling on the highly suggestive nature of the marks and the lack of evidence that the goods "are typically sold in the same channels of trade under the same or substantially similar marks." In re Banom, Inc., Serial No. 78869262 (May 19, 2008) [not precedential].The Examining Attorney relied on third-party registrations and on Internet evidence showing "various brands of protective gloves and other kinds of work gloves being offered by [three] on-line retailer[s] of such products along with different brands of street shoes and/or work boots...continue to full post

Full post as published by The TTABlog on May 30, 2008 (boomark / email).