Decisions · du Pont factor

Factor 1: Similarity of the marks

38 of the 38 records in this library that code du Pont factors carry a finding on this factor. A finding may be neutral, weigh for or against confusion, or drive the result; each row shows the coded weight and what the Board found. Read the guide to this factor →

Decision	Result	Weight	What the Board found
In re Lasertec Corporation 2026 · GALOIS	Refusal affirmed	Significant	The identical marks weighed strongly in favor of finding confusion likely.
In re Robert Sulic 2026 · BLACK SWAN	Refusal affirmed	Significant	BLACK SWAN is identical to the registered mark (word application) and the label version's swan drawing only reinforces those dominant words.
In re Robert Sulic 2026 · BLACK SWAN VODKA & design	Refusal affirmed	Significant	BLACK SWAN is identical to the registered mark (word application) and the label version's swan drawing only reinforces those dominant words.
In re Jason Jimenez 2025 · GASPER ROOFING (standard characters; ROOFING disclaimed; registration sought under Section 2(f) as to the entirety of the mark)	Refusal reversed	Dispositive — Favored Applicant	The Examining Attorney argued GASPER ROOFING and JASPER CONTRACTORS are similar because GASPER and JASPER are dominant, nearly identical, phonetic equivalents, relying on the no-correct-pronunciation line of cases (Viterra, Interlego).
In re Coventya 2025 · FINIGARD	Refusal affirmed	Significant	FINIGARD and INFINIGUARD were found similar in overall impression, weighing in favor of confusion.
In re WeGrow Germany GmbH 2025 · WeGrow (stylized with leaf design)	Refusal upheld for the Class 31 plants	Favored Refusal	The identical wording WEGROW dominates both composite marks, which sound alike and share the same growth connotation.
Major League Baseball Players Association v. Michael P. Chisena 2023 · HERE COMES THE JUDGE (standard characters, Serial No. 87528440)	The Board sustained the MLBPA's opposition and refused registration of Michael Chisena's…	Dispositive	Commercial impression unmistakably refers to Aaron Judge; weighed heavily in favor of confusion, one of the two 'key' factors resolving the case.
Major League Baseball Players Association v. Michael P. Chisena 2023 · ALL RISE (standard characters, Serial No. 87528414)	The Board sustained the MLBPA's opposition and refused registration of Michael Chisena's…	Dispositive	Commercial impression unmistakably refers to Aaron Judge; weighed heavily in favor of confusion, one of the two 'key' factors resolving the case.
Major League Baseball Players Association and Aaron Judge v. Michael P. Chisena 2023 · Design mark: a gavel and the scales of justice, each end supporting a baseball, superimposed over the outline of a baseball field (Serial No. 87643089)	The Board sustained the MLBPA's and Aaron Judge's joint opposition and refused…	Dispositive	Commercial impression unmistakably refers to Aaron Judge; weighed heavily in favor of confusion, one of the two 'key' factors resolving the case.
Made in Nature, LLC v. Pharmavite LLC 2022 · NATURE MADE (standard characters)	The Board sustained Made in Nature's opposition and refused registration of Pharmavite's…	Dispositive	NATURE MADE is a reverse combination/transposition of MADE IN NATURE conveying the same meaning; found highly similar.
Made in Nature, LLC v. Pharmavite LLC 2022 · NATURE MADE (standard characters)	The Board sustained Made in Nature's opposition and refused registration of Pharmavite's…	Dispositive	NATURE MADE is a reverse combination/transposition of MADE IN NATURE conveying the same meaning; found highly similar.
Made in Nature, LLC v. Pharmavite LLC 2022 · NATURE MADE (standard characters)	The Board sustained Made in Nature's opposition and refused registration of Pharmavite's…	Dispositive	NATURE MADE is a reverse combination/transposition of MADE IN NATURE conveying the same meaning; found highly similar.
In re Guild Mortgage Company 2020 · GUILD MORTGAGE COMPANY and design (three lines above IL)	Refusal upheld	Favored Refusal	Both marks share the dominant term GUILD, with descriptive wording (MORTGAGE COMPANY / INVESTMENT MANAGEMENT) doing little to distinguish them; overall commercial impressions substantially similar.
In re Country Oven, Inc. 2019 · COUNTRY OVEN	The Board affirmed refusal of the identical mark COUNTRY OVEN for retail and custom…	Dispositive — Favored Refusal	The identical COUNTRY OVEN marks weighed heavily toward confusion.
In re American Cruise Lines, Inc. 2018 · AMERICAN CONSTELLATION	The Board allowed AMERICAN CONSTELLATION to proceed to registration for cruise ship…	Favored Refusal	The marks were found similar in appearance, sound, connotation, and commercial impression.
In re FabFitFun, Inc. 2018 · I'M SMOKING HOT	The Board reversed a refusal to register I'M SMOKING HOT for cosmetics and personal care…	Dispositive — Favored Applicant	I'M SMOKING HOT and SMOKIN' HOT SHOW TIME convey different overall impressions, and the shared SMOKIN' HOT element is weak.
In re i.am.symbolic, llc 2018 · #WILLPOWER	The Board refused registration of #WILLPOWER, the clothing mark of will.i.am's company…	Dispositive	Both marks are dominated by the identical word WILLPOWER, and neither the hash symbol nor the registered mark's design and extra wording changes the overall impression.
In re Peace Love World Live, LLC 2018 · I LOVE YOU	The Board upheld the refusal to register I LOVE YOU for bracelets on two independent…	Dispositive	The marks share the same structure, sound alike, mean the same thing, and create the same commercial impression; minor spelling differences did not distinguish them.
In re I-Coat Company, LLC 2018 · INDIGO (and variants)	Refusal upheld	Dispositive — Favored Refusal	Marks are identical or more similar than dissimilar. INDIGO in standard characters is identical to INDIGO in cited mark. Applicant's design variants (AR design and color design) are more similar than dissimilar to…
In re Inn at St. John's, LLC 2018 · 5IVE STEAKHOUSE and design (the wording "5ive" in stylized letters, set above the design of an intersecting fork and knife, all set above the word "Steakhouse"; "Steakhouse" disclaimed)	The Board found 5IVE STEAKHOUSE (with a fork-and-knife design) for restaurant and bar…	Dispositive — Favored Refusal	The marks are similar in appearance, sound, connotation, and commercial impression, with 5IVE the dominant element of both.
In re FCA US LLC 2018 · MOAB	Refusal upheld	Favored Refusal	The dominant portion MOAB is identical in both marks; the descriptive, disclaimed INDUSTRIES contributes little.
In re Aquitaine Wine USA, LLC 2018 · LAROQUE Cité de Carcassonne and design (word mark with picture of a house behind a field of grape vines with trees bordering both sides of the image; "Cité de Carcassonne" disclaimed)	The Board refused to register a French winery's LAROQUE wine label showing a house and…	Dispositive — Favored Refusal	LAROQUE dominates the applied-for label and the marks are partly similar in sound, more similar than dissimilar in appearance, and similar in connotation.
In re Solid State Design Inc. 2018 · populace (stylized, with silhouette of a person's head centered within the letter "o")	The Board upheld the refusal to register a stylized "populace" mark with a…	Dispositive — Favored Refusal	The shared bolded lowercase 'populace' wording strongly supported confusion despite the different design elements.
In re USA Warriors Ice Hockey Program, Inc. 2017 · USA WARRIORS ICE HOCKEY NONE TOUGHER and design [The mark consists of the wording "USA WARRIORS ICE HOCKEY NONE TOUGHER" and a design. The wording "USA WARRIORS ICE HOCKEY" appears inside the outline of a rectangle. The wording "USA" in a stylized font, with two stripes appearing below the "US", and a five-pointed star appearing inside the "A", creating the impression of a waving flag. Below the rectangle appears the design of a shield with a five-point star inside. Inside the star appears a sled hockey player, lying on a sled and holding a hockey stick in each hand. The hockey player is wearing a jersey with "USA" appearing in the same stylization as above. The wording "NONE TOUGHER" appears in the shield below the star.] ("USA" and "Ice Hockey" disclaimed; color not claimed)	Registration refused	Favored Refusal	The marks were found similar mainly because they share the same stylized USA-flag design and the word Hockey, which the applicant did not dispute.
In re Integrated Embedded (d/b/a Barr Group) 2016 · BARR GROUP (standard characters; GROUP disclaimed)	The USPTO's refusal to register the name BARR GROUP for IT training, engineering, and…	Dispositive — Favored Refusal	BARR GROUP wholly encompasses the cited BARR, and the disclaimed GROUP adds little, so the marks convey highly similar impressions.
In re Morinaga Nyugyo Kabushiki Kaisha 2016 · MT. RAINIER THE MOUNTAIN OF SEATTLE ESPRESSO & MILK and design	The Trademark Trial and Appeal Board reached a split result for the MT. RAINIER THE…	Favored Refusal	MT. RAINIER and MOUNT RAINIER are essentially identical, Mt. being a common abbreviation of Mount.
In re Fat Boys Water Sports LLC 2016 · HOUSEBOAT BLOB (standard characters; BLOB disclaimed)	Refusal affirmed on both grounds	Dispositive — Favored Refusal	Comparing THE BLOB and HOUSEBOAT BLOB in their entireties, the Board found the marks similar in appearance and sound to the extent each includes BLOB, with HOUSEBOAT and THE as points of dissimilarity.
In re Mr. Recipe, LLC 2016 · JAWS	Refusals affirmed for both applications	Favored Refusal	Applicant's JAWS is identical to the cited JAWS.
In re Mr. Recipe, LLC 2016 · JAWS DEVOUR YOUR HUNGER	Refusal upheld	Favored Refusal	The slogan incorporates the famous JAWS in full as its dominant first word.
In re Bay State Brewing Company, Inc. 2016 · TIME TRAVELER BLONDE (standard characters, BLONDE disclaimed)	Refusal affirmed	Dispositive — Favored Refusal	Comparing TIME TRAVELER BLONDE to TIME TRAVELER in their entireties, the Board found the disclaimed term BLONDE highly descriptive or generic for a type of beer and thus lacking source-indicating function, so the commercial impression of Applicant's mark is merely that it is the "Blonde" brew of TIME TRAVELER brand beers.
In re i.am.symbolic, llc 2015 · I AM	Refusal upheld	Dispositive — Favored Refusal	The two I AM marks are identical in appearance, sound, and meaning, which weighed heavily in favor of confusion.
In re C. H. Hanson Company 2015 · C.H. HANSON	Refusal affirmed	Dispositive — Favored Refusal	Adding the initials C.H. to the registered surname HANSON did not avoid confusion because consumers would think both marks refer to the same person.
In re Allegiance Staffing 2015 · ALLEGIANCE STAFFING	Refusal reversed	Favored Applicant	The familiar word ALLEGIANCE and the coined ALLEGIS convey different impressions despite the shared prefix.
In re Aquamar, Inc. 2015 · MARAZUL	The Board refused registration of MARAZUL for frozen and fresh processed fish, seafood…	Dispositive	MARAZUL and BLUE SEA are exact equivalents in meaning because "mar azul" is Spanish for "blue sea," and that shared meaning outweighed the differences in how the marks look and sound.
In re Hughes Furniture Industries, Inc. 2015 · HUGHES FURNITURE (and design with H logo and MOTION EAZE RECLINERS)	Refusal upheld	Favored Refusal	HUGHES is the dominant element of both marks; the design and descriptive wording add little.
In re House Beer, LLC 2015 · HOUSE BEER (standard characters, BEER disclaimed)	Refusal upheld	Favored Refusal	Both marks are HOUSE BEER in standard characters.
In re Thor Tech, Inc. 2015 · TERRAIN (standard characters)	Refusal reversed	Favored Refusal	Both marks are TERRAIN in standard characters — identical — though identity alone is not sufficient.
In re Covalinski 2014 · REDNECK RACEGIRL and design (two large Rs with checkerboard racing flag pattern, heart shapes, colors black/white/gray)	Refusal reversed	Dispositive — Favored Applicant	The design so dominates that the marks convey different overall impressions despite the shared RACEGIRL wording.

Counts describe this curated library as of its coding date, not all TTAB decisions. Consolidated proceedings can appear once per application.

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