Decisions · du Pont factor
Factor 10: Market interface between applicant and owner of a prior mark
4 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 →
All 28 industries
Industrial & Manufacturing 10Cosmetics & Personal Care 9Professional Services 9Sports & Recreation 9Construction & Real Estate 6Financial Services 5Hospitality & Travel 5Education 4Agriculture 3Automotive 3Automotive Parts & Retail 1Cloud Computing & Technology 1Data Storage & Infrastructure 1Dietary Supplements & Pharmaceuticals 1Failure to Function / Service Mark 1Fashion & Apparel 1Food & Condiments 1Health & Breast Cancer Awareness 1Jewelry & Accessories 1Managed IT Services 1Nonprofit & Charitable Services 1
By du Pont factor
1. Similarity of the marks 382. Relatedness of the goods or services 373. Similarity of trade channels 274. Conditions of sale and buyer sophistication 235. Fame of the prior mark 96. Number and nature of similar marks in use 147. Nature and extent of actual confusion 108. Length of concurrent use without actual confusion 510. Market interface between applicant and owner of a prior mark 412. Extent of potential confusion 313. Any other established fact probative of the effect of use 8
| Decision | Result | Weight | What the Board found |
|---|---|---|---|
| In re WeGrow Germany GmbH 2025 · WeGrow (stylized with leaf design) | Refusal upheld for the Class 31 plants | Neutral | No evidence of any market interface between the parties. |
| In re American Cruise Lines, Inc. 2018 · AMERICAN CONSTELLATION | The Board allowed AMERICAN CONSTELLATION to proceed to registration for cruise ship… | Dispositive — Favored Applicant | The parties' detailed, record-corroborated consent agreement was not a 'naked' consent and weighed heavily against finding likely confusion. |
| 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 | Because there was no written agreement consenting to registration, the Board refused to treat USA Hockey's display of the applicant's mark on its website as consent, holding the registrant's silence might instead reflect permission it could revoke. |
| In re Bay State Brewing Company, Inc. 2016 · TIME TRAVELER BLONDE (standard characters, BLONDE disclaimed) | Refusal affirmed | Favored Refusal | Applicant submitted a Short Form Agreement (intended for the public PTO record) and a Long Form Agreement (submitted after the Short Form failed to persuade the Examining Attorney, and which necessarily became part of the public record once filed during examination). |
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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