Decisions · du Pont factor
Factor 2: Relatedness of the goods or services
37 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 Lasertec Corporation 2026 · GALOIS | Refusal affirmed | Significant | Wafer inspection equipment and cameras/scanners were found complementary — used together in semiconductor manufacturing — with Lasertec's own website showing its systems incorporate cameras and scanners. |
| In re Robert Sulic 2026 · BLACK SWAN | Refusal affirmed | Significant | Vodka and wine were found related: they mix together in cocktails, some vodka is distilled from wine, over a dozen producers sell both under one name, and 18 registrations cover both. |
| In re Robert Sulic 2026 · BLACK SWAN VODKA & design | Refusal affirmed | Significant | Vodka and wine were found related: they mix together in cocktails, some vodka is distilled from wine, over a dozen producers sell both under one name, and 18 registrations cover both. |
| 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 | Favored Applicant | The sole service identified in the cited registration, "roofing services," is identical to the "roofing services" identified in the application and encompasses each specific roofing service listed in the application (roofing consultation, contracting, installation, maintenance, repair, etc.). |
| In re Coventya 2025 · FINIGARD | Refusal affirmed | Significant | The goods overlap and are legally identical in part because the cited registration covers coatings for 'other metal surfaces,' not just HVAC equipment; this factor weighed heavily toward confusion. |
| In re WeGrow Germany GmbH 2025 · WeGrow (stylized with leaf design) | Refusal upheld for the Class 31 plants | Dispositive — Favored Refusal | Living trees and plants are complementary to fertilizers, which promote plant growth, and nurseries sell both. |
| 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 | Applicant's clothing is identical in part (t-shirts, shirts, sweatshirts, jerseys, caps) and otherwise complementary to the licensed apparel; the other 'key' factor. |
| 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 | Applicant's clothing is identical in part (t-shirts, shirts, sweatshirts, jerseys, caps) and otherwise complementary to the licensed apparel; the other 'key' factor. |
| 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 | Applicant's clothing is identical in part (t-shirts, shirts, sweatshirts, jerseys, caps) and otherwise complementary to the licensed apparel; the other 'key' factor. |
| 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 | Goods identical in part for the Class 29 and 30 applications and related for all three, per the identifications, 31 relevant third-party registrations, 138 retailer websites and both parties' testimony. |
| 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 | Goods identical in part for the Class 29 and 30 applications and related for all three, per the identifications, 31 relevant third-party registrations, 138 retailer websites and both parties' testimony. |
| 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 | Goods identical in part for the Class 29 and 30 applications and related for all three, per the identifications, 31 relevant third-party registrations, 138 retailer websites and both parties' testimony. |
| In re Guild Mortgage Company 2020 · GUILD MORTGAGE COMPANY and design (three lines above IL) | Refusal upheld | Favored Refusal | Mortgage banking and investment advisory services are related Class 36 financial services, with third-party registrations showing the same entities offering both. |
| 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 | Bread buns and retail bakery services are related — bakeries commonly sell their own baked goods. |
| In re American Cruise Lines, Inc. 2018 · AMERICAN CONSTELLATION | The Board allowed AMERICAN CONSTELLATION to proceed to registration for cruise ship… | Favored Refusal | The cruise ship services are identical, weighing in favor of confusion. |
| 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… | Favored Refusal | The cosmetics are identical in part. |
| In re i.am.symbolic, llc 2018 · #WILLPOWER | The Board refused registration of #WILLPOWER, the clothing mark of will.i.am's company… | Dispositive | The application's jackets and pants are identical to the registrant's, and many other listed items (shirts, shoes, headwear, sports clothing) legally overlap with the registrant's hats, jackets, pants, shirts, and shoes. |
| In re I-Coat Company, LLC 2018 · INDIGO (and variants) | Refusal upheld | Dispositive — Favored Refusal | Both applicant's optical corrective lenses and cited goods (spectacles, frames, lenses, glasses for sport, ski glasses, sunglasses) are in Class 9 optical goods. Goods are related and complement each other. |
| 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 restaurant and bar services are identical. |
| In re FCA US LLC 2018 · MOAB | Refusal upheld | Favored Refusal | Motor vehicles and parts are related to automotive conversion services, which sell specialty parts and install them. |
| 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 | Both identifications are French wine, and the appellation limitations do not distinguish the goods. |
| 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 software identifications are legally identical in part. |
| 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 applicant's disabled-veteran hockey programs were treated as falling within the registrant's broader, unrestricted hockey services, 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 | The registrant's engineering services encompass the applicant's more narrowly identified engineering services. |
| 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 | Espresso-and-milk beverages are strongly related to coffee. |
| In re Fat Boys Water Sports LLC 2016 · HOUSEBOAT BLOB (standard characters; BLOB disclaimed) | Refusal affirmed on both grounds | Dispositive — Favored Refusal | Applicant's identification (inflatable float mattresses/pads from which a user is launched into the air and onto water) was compared to Registrant's more specific identification (giant inflatable floating air bags of PVC reinforced vinyl for camps/outdoor recreation businesses, placed in bodies of water so patrons can jump from a platform and be launched off into the water). |
| In re Mr. Recipe, LLC 2016 · JAWS | Refusals affirmed for both applications | Favored Refusal | Streaming a cooking-focused internet channel is related to motion-picture video recordings. |
| In re Mr. Recipe, LLC 2016 · JAWS DEVOUR YOUR HUNGER | Refusal upheld | Favored Refusal | Streaming a cooking-focused internet channel is related to motion-picture video recordings. |
| In re Bay State Brewing Company, Inc. 2016 · TIME TRAVELER BLONDE (standard characters, BLONDE disclaimed) | Refusal affirmed | Dispositive — Favored Refusal | The Board found the goods identical in part because "beer" appears in both identifications, and found the cited registration's additional goods "ale" and "lager" to be types of beer based on an unrebutted Wikipedia entry describing ale as a beer made by warm fermentation.. |
| In re i.am.symbolic, llc 2015 · I AM | Refusal upheld | Dispositive — Favored Refusal | Third-party registrations and retailer websites showed cosmetics/personal care products and perfume are commonly sold under one mark, and the registrant herself sold body butter and body wash under I AM, so the goods are related — and the 'associated with will.i.am' language did not change that. |
| In re C. H. Hanson Company 2015 · C.H. HANSON | Refusal affirmed | Dispositive — Favored Refusal | The registered 'wrenches' identification was read to include ordinary wrenches, and internet listings plus third-party registrations showed the same brands sell both sides' tools, so the goods are related. |
| In re Allegiance Staffing 2015 · ALLEGIANCE STAFFING | Refusal reversed | Favored Refusal | The staffing services are legally identical. |
| In re Aquamar, Inc. 2015 · MARAZUL | The Board refused registration of MARAZUL for frozen and fresh processed fish, seafood… | Dispositive | Both identifications cover frozen fish, and the registration's non-live fish encompasses Aquamar's fresh processed fish, so the goods are legally identical in part. |
| In re Hughes Furniture Industries, Inc. 2015 · HUGHES FURNITURE (and design with H logo and MOTION EAZE RECLINERS) | Refusal upheld | Favored Refusal | The applicant's unrestricted 'furniture' necessarily encompasses the registrant's residential and commercial furniture. |
| In re House Beer, LLC 2015 · HOUSE BEER (standard characters, BEER disclaimed) | Refusal upheld | Favored Refusal | Beer and retail store services featuring beer are commonplace related goods and services familiar to consumers. |
| In re Thor Tech, Inc. 2015 · TERRAIN (standard characters) | Refusal reversed | Dispositive — Favored Applicant | Trucks and towable RV trailers are noncompetitive, differ completely in utility, and share nothing essential. |
| In re Covalinski 2014 · REDNECK RACEGIRL and design (two large Rs with checkerboard racing flag pattern, heart shapes, colors black/white/gray) | Refusal reversed | Favored Refusal | The athletic apparel is in-part legally identical to the registrant's clothing. |
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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