Decisions · du Pont factor

Factor 6: Number and nature of similar marks in use

14 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 WeGrow Germany GmbH 2025 · WeGrow (stylized with leaf design)	Refusal upheld for the Class 31 plants	Neutral	Four third-party WE GROW registrations were too few and too different to show the cited mark is weak.
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…	Favored Applicant	Admissible third-party registrations showed the individual terms NATURE and MADE weak, making the marks highly suggestive — but weak marks are still protected.
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…	Favored Applicant	Admissible third-party registrations showed the individual terms NATURE and MADE weak, making the marks highly suggestive — but weak marks are still protected.
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…	Favored Applicant	Admissible third-party registrations showed the individual terms NATURE and MADE weak, making the marks highly suggestive — but weak marks are still protected.
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	Dictionary meaning plus a modest quantum of third-party use showed SMOKIN' HOT is conceptually and commercially weak for cosmetics.
In re i.am.symbolic, llc 2018 · #WILLPOWER	The Board refused registration of #WILLPOWER, the clothing mark of will.i.am's company…	Neutral	Five third-party WILLPOWER clothing uses were too few, and too thinly documented, to prove the registered mark is weak, so this factor did not help the applicant.
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…	Favored Applicant	Seven third-party jewelry registrations of I LOVE YOU variations, plus evidence of actual ornamental use by others, showed the phrase is commonly used and conceptually narrow for jewelry, but this favorable factor was outweighed by the marks' strong similarity and the goods' identity.
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…	Neutral	Twenty-one third-party registrations without use evidence were a 'far cry' from the Juice Generation/Jack Wolfskin showing, leaving this factor neutral.
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	The third-party BARR registrations covered such varied goods that their probative value was significantly diminished.
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…	Neutral	Six third-party RAINIER registrations, all for bakery products and held by two owners, did not change the conclusion.
In re Mr. Recipe, LLC 2016 · JAWS	Refusals affirmed for both applications	Favored Refusal	No significant third-party use narrowed the famous mark's broad scope of protection.
In re Mr. Recipe, LLC 2016 · JAWS DEVOUR YOUR HUNGER	Refusal upheld	Favored Refusal	No significant third-party use narrowed the famous mark's broad scope.
In re C. H. Hanson Company 2015 · C.H. HANSON	Refusal affirmed	Favored Refusal	The Board rejected the argument that HANSON is a weak, common surname because there was no evidence of other HANSON tool brands actually in use for similar goods.
In re Allegiance Staffing 2015 · ALLEGIANCE STAFFING	Refusal reversed	Neutral	Third-party ALLEGIANCE registrations for unrelated goods were not probative.

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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