Decisions · du Pont factor
Factor 5: Fame of the prior mark
9 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 fame evidence, as is typical in ex parte examination. |
| 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… | Neutral | Fame not proven; marks conceptually weak (highly suggestive) but registered and of moderate commercial strength. |
| 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… | Neutral | Fame not proven; marks conceptually weak (highly suggestive) but registered and of moderate commercial strength. |
| 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… | Neutral | Fame not proven; marks conceptually weak (highly suggestive) but registered and of moderate commercial strength. |
| In re FCA US LLC 2018 · MOAB | Refusal upheld | Favored Applicant | MOAB is somewhat conceptually weak as a reference to the Moab, Utah off-roading destination, but its commercial weakness was limited. |
| 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… | Neutral | No evidence established the cited mark as famous, and none was required. |
| In re Mr. Recipe, LLC 2016 · JAWS | Refusals affirmed for both applications | Favored Refusal | The examining attorney proved JAWS famous for motion-picture video recordings, and fame weighed heavily. |
| In re Mr. Recipe, LLC 2016 · JAWS DEVOUR YOUR HUNGER | Refusal upheld | Favored Refusal | The cited JAWS mark's proven fame weighed heavily against registration. |
| In re i.am.symbolic, llc 2015 · I AM | Refusal upheld | Neutral | The applicant's claim that the registered mark is not famous carried little weight because fame of the cited mark is treated as neutral in this kind of appeal; the applicant's own fame actually supported refusal, not registration. |
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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