TTABlog Test: Is DRIVEN GOLF For Golf Training Aids And Apparel Confusable With DRIVEN BY PING For Golf Clubs?

[This guest post was written by Kira-Khanh McCarthy, a law clerk in the Trademark Group at Wolf, Greenfield & Sacks, P.C.]. Applicant Driven Golf, Inc. made a bogey on its appeal from the USPTO's final refusal to register its mark, DRIVEN GOLF [GOLF disclaimed] for golf training aids and apparel. The Examining Attorney refused registration based on: (1) a failure to submit an acceptable identification of goods and (2) a likelihood of confusion with the registered mark DRIVEN BY PING for golf clubs. As to the first refusal, Driven Golf argued that "it is not necessary that the Applicant define each and every good under the identification of goods." As to the second refusal, Applicant asserted a dissimilarity in the nature of the goods; dissimilarity of the established, likely-to-continue trade channels; and dissimilarity of the marks. Which argument do you think won?  In re Driven Golf, Inc., Serial No. 88215365 (November 19, 2020) [not precedential] (Opinion by Judge