FOR ATTORNEYS
TTAB research for attorneys
Find the cases. See what mattered. Browse 178 analyzed TTAB decisions by du Pont factor, by posture and by industry, and see how the Board weighed each factor and which ones were coded as driving the result.
What you can answer in a minute
- Which factors were dispositive when the marks were identical but the goods were not.
- How many records in this library carry a finding on each factor.
- What the Board said about third-party evidence in your industry.
What it is built on
Every decision is parsed into a fixed schema. 73 of the 178 summaries were written from the original opinion and 105 from records already extracted into our database; an attorney confirmed the research-significance rating on 62. The summaries are published as research records, each with its review status; none has yet been approved by an attorney. The extraction rules prohibit filling missing factual fields with guesses, so absent fields stay empty. The summaries and factor coding are interpretive and carry their own review status. Factor coding is normalized against the canonical du Pont list, and the original extraction is preserved.
What a record looks like
Every decision is coded the same way. This is a real one; each factor links to its guide.
I'M SMOKING HOT
SMOKIN' HOT SHOW TIME
The Board reversed a refusal to register I'M SMOKING HOT for cosmetics and personal care products, finding that even though the goods overlap with a prior registration for SMOKIN' HOT SHOW TIME (cosmetics, mascara), the two marks are more dissimilar than similar overall and their shared phrase is only somewhat weak, so confusion is not likely.
| du Pont factor | Weight | What the Board found |
|---|---|---|
| 1. Similarity of the marks | Dispositive — Favored Applicant | I'M SMOKING HOT and SMOKIN' HOT SHOW TIME convey different overall impressions, and the shared SMOKIN' HOT element is weak. |
| 2. Relatedness of the goods or services | Favored Refusal | The cosmetics are identical in part. |
| 3. Similarity of trade channels | Favored Refusal | With in-part identical goods, the channels and consumers are presumed to overlap. |
| 4. Conditions of sale and buyer sophistication | Favored Refusal | Inexpensive cosmetics are bought without heightened care, favoring confusion. |
In re FabFitFun, Inc. · 2018
Available now
A factor page in the decision library. (1) Filter by any du Pont factor; the count is the number of decisions coded on it. (2) Each factor links to its guide. (3) The weight the factor carried in each decision. (4) What the Board found on that factor.
Decision search
178 analyzed decisions with outcome, posture, marks, factors and research significance. Filter by du Pont factor, posture or industry; search by name or mark.
du Pont factor guides
A guide for each of the thirteen factors: what it asks, what evidence moves it, and how the Board weighs it, with the library’s counts.
A research workflow, start to finish
- Start with the question. For example: does a field of similar third-party marks help an applicant facing a 2(d) refusal?
- Open the factor. The du Pont factor 6 page lists every decision in the library coded on it, with the weight the factor carried and what the Board found.
- Open a decision. Each record shows the marks, the goods, the result in plain English and every factor the Board weighed.
- Go to the source. Each record links to the Board’s own docket on TTABVUE, where the opinion is. The summary is ours; the opinion is the authority.
- Read the law. The factor guide sets out the governing test and the leading Federal Circuit and Board authority, cited in Bluebook form.
What the library can and cannot tell you
The library holds 178 Board decisions: 158 ex parte appeals, 17 oppositions and 3 cancellations. 38 of them record du Pont factors, and 32 of those 38 are ex parte appeals. It is a curated collection, not a random sample, so its counts describe this library and are not rates for the Board as a whole. A record is one application or proceeding number, so consolidated proceedings appear once per number. Each record states whether an attorney has reviewed it and whether its own Board docket has been checked for later history. The library is not yet classified by legal ground, so it reports no counts by refusal type. Library as of 2026-09-19.
Coming to the Attorney Lounge
The Lounge is an authenticated workspace. It is specified and not yet open, so each feature below is shown as coming soon rather than as something you can use.
Argument research
Which arguments carried on these facts, and what the Board said about the evidence behind them.
Private workspace
Save decisions and notes to a matter. Not retained for training; retention under your control.
Research terminal
Persistent filters, document view and linked citations.
On your work product
Retention, separation and training commitments for saved work will be stated in the agreement when the authenticated workspace ships. They are not described here before they can be enforced.
Who checked this
Reviewed and approved by Brandon Leavitt on 2026-10-02.