Decisions · du Pont factor
Factor 7: Nature and extent of actual confusion
10 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 Jason Jimenez 2025 · GASPER ROOFING (standard characters; ROOFING disclaimed; registration sought under Section 2(f) as to the entirety of the mark) | Refusal reversed | Neutral | Applicant argued the Examining Attorney's failure to present evidence of actual confusion indicated the marks are dissimilar. |
| In re Coventya 2025 · FINIGARD | Refusal affirmed | Neutral | The claim of 25 years without confusion carried no weight because there was no evidence of U.S. use and the registrant could not be heard in this one-sided proceeding. |
| In re WeGrow Germany GmbH 2025 · WeGrow (stylized with leaf design) | Refusal upheld for the Class 31 plants | Neutral | No actual-confusion evidence, but none is required. |
| 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 | No actual confusion, but the intent-to-use goods have essentially not been sold, so there was no reasonable opportunity for confusion. |
| 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 | No actual confusion, but the intent-to-use goods have essentially not been sold, so there was no reasonable opportunity for confusion. |
| 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 | No actual confusion, but the intent-to-use goods have essentially not been sold, so there was no reasonable opportunity for confusion. |
| In re I-Coat Company, LLC 2018 · INDIGO (and variants) | Refusal upheld | Neutral | No discussion of actual confusion evidence in decision. |
| In re FCA US LLC 2018 · MOAB | Refusal upheld | Neutral | The applicant's survey received little weight for testing the wrong mark and the wrong consumer universe. |
| 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 | Three years of concurrent use without reported confusion carried little weight. |
| In re Allegiance Staffing 2015 · ALLEGIANCE STAFFING | Refusal reversed | Neutral | No actual confusion, but limited geographic overlap gave the absence little weight. |
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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