TTAB Test: Is SNAP FUNNEL Confusable With SNAP & POUR For Funnels?

The USPTO refused registration of the mark SNAP FUNNEL for funnels [FUNNEL disclaimed], finding the mark likely to cause confusion with the registered mark SNAP & POUR for a "funnel which snaps onto plastic containers, including automotive fluids and household cleaners and detergents." The goods overlap, but what about the marks? Isn't SNAP & POUR rather weak? How do you think this came out? In re Gabor Alex Stibinger, Serial No. 87144063 (December 4, 2018) (Opinion by Judge Thomas W. Wellington) [not precedential].

The Goods: Applicant's "funnels" encompass registrant's snap-on funnels, and so the involved goods are legally identical. Consequently, it is presumed that these overlapping goods travel in the same trade channels to the same classes of consumers. These factors weighed "heavily" in favor of a finding of likely confusion.