When the examiner says your goods are related, show the marks that already share the register across those same goods. GleanMark finds identical and near-identical pairs held by different owners: the In re Thor Tech argument, with the records attached.
Same register, opposite reading
The examiner’s exhibit
One owner registers the same mark for both kinds of goods, so consumers may expect one source.
GIANT EAGLE
Grocery goods incl. coffee
GIANT EAGLE
Restaurant and café
Phoenix Intangibles Holding Company · Reg. 8145423 and Reg. 7422036
Your exhibit
Different owners hold the same mark on each side, and both registrations are live. Consumers already tell them apart.
DEKE'S
Coffee · Deke's in Delray LLC
DEKE'S
Barbecue restaurant · JMDD, LLC
Reg. 7445967 (2024) and Reg. 4959056 (2016)
Office-action count: examiner arguments GleanMark has read from the text of §2(d) office actions. GleanMark shows you both kinds of pair, so you see what the examiner will see.
How pairs are found
A few goods words and classes for your application, and the same for the cited registration. Words so common they would flood a side are narrowed automatically.
By hand: Guess at TESS queries for each side and hope the same marks turn up in both.
Live §1(a) Principal Register marks on each side are paired when they are identical, or identical apart from words that describe the goods. Compared as written, never dissected.
By hand: Cross-reference two result lists by eye, mark by mark.
Different-owner pairs lead and same-owner pairs are shown separately. Pairs whose owners share an ownership history, address or name are flagged. Tag the pairs you want and download one zip.
By hand: Pull assignment records for every pair to rule out related companies.
Example from the wine and beer search
Your side · wine
Cited side · beer
Why the argument works
If the same mark already sits on the register for both kinds of goods under different owners, the USPTO has already let those goods coexist.
In In re Thor Tech (TTAB 2015), 50 pairs of identical or similar marks, held by different owners for trucks and for RV trailers, persuaded the Board to reverse a refusal of TERRAIN. The argument is strongest with several clean pairs, identical marks and no corporate link between the owners, which is how GleanMark sorts the results.
Included in Professional and Max. 7 days free, no card.
Pairs are live USPTO registrations as of September 24, 2026.