These data suggest that for a meaningful portion of 2(d) refusals, the PTO granted registrations for several marks that are in the same class as the cited mark & are more similar to that mark in the same way as the refused mark. Revealing how inconsistently PTO is assessing similarity of image marks
Barton Beebe, Stein, and I have posted a draft of a new paper "Trademark Law's View of the Image: A Computational and Empirical Analysis" papers.ssrn.com/sol3/papers....