DOLLAR TOOTHBRUSH CLUB Confusable with DOLLAR SHAVE CLUB?

Following the trend of monthly subscription services, an individual in Colorado (hopefully a dentist) filed a federal trademark application for DOLLAR TOOTHBRUSH CLUB on October 30th. The services specified In the application are "online ordering services in the field of oral and dental products; online retail store services in the field of oral and dental products; online retail store services featuring oral and dental products."

According to the specimen submitting with the application (seen above), this service works similar to Dollar Shave Club or Dollar Beard Club in that a customer can receive a new toothbrush every month for a low subscription price. The application indicates this individual has been selling these toothbrushes since May 25, 2015.

However, if the current status of the DOLLAR BEARD CLUB applications are any indication, this application may be at risk of receiving a likelihood of confusion office action from the Trademark Office. The Trademark Office issued an office action refusing to register DOLLAR BEARD CLUB for various beard grooming products due to, among others, a registration for DOLLAR SHAVE CLUB for shaving products. If the Trademark Offices believes oral and dental products are related to shaving products, the DOLLAR TOOTHBRUSH CLUB application will receive a likelihood of confusion office action as well. We will find out in approximately three months when this application gets assigned to an examining attorney.