Authorities concur with Spyder’s stance, asserting that not only are the products identical, but the marks themselves bear significant similarity. Conceptually, both logos allude to a spider, while visually, they feature a black silhouette of a spider in an identical pose with eight legs. Although minor differences exist between the spiders depicted, they are deemed insufficient to negate the overall resemblance.
Consequently, there is a risk that consumers may erroneously associate the clothing bearing the similar logo with Spyder or its affiliated products. In light of this, the trademark application is denied. While a logo may not thwart every depiction of a spider, it can certainly prevent those that venture too close from causing confusion in the marketplace.
