Here’s an interesting peek of the design marks that were refused in 2011, viewed in a side by side comparison with the marks that were cited against them. We’ve left out many of the duplicate and near-duplicate filings (in multiple classes, for example) to produce this abridged list.
Many of the comparisons are more obviously conflicting than others, and some require more than a cursory glance to decipher the objectionable details. Are some coincidentally similar, the result of subconscious copying perhaps, or simply trying to slip one by the examiner? You decide, and gain some additional insight into the mindset of PTO examiners, seeing how easy or difficult their job was to make the call.
One thing that can be said, however, is that design searches require experience and nuance to do properly. Perhaps that alone explains at least some of these results.
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