List Of The DuPont Factors

The 13 criteria that make up the DuPont factors are:

1. Similarity or dissimilarity of marks: This factor considers how similar the two trademarks look, sound, and feel in appearance, sound, connotation, and commercial impression.

2. Nature of the goods and services: The USPTO compares the products or services associated with the trademarks determining whether they are similar or dissimilar.

3. Trade channels used: The third factor examines whether the trademarks are used in similar or different trade channels, such as retail stores, online platforms, or others.

4. Purchasing conditions: This factor evaluates the conditions under which sales are made and if the buyers involved tend to make impulse purchases or carefully consider their options before buying.

5. Fame of the existing mark: If the prior mark has a strong reputation or significant fame, it may be more susceptible to confusion with a newly proposed trademark.

6. Similar marks with similar goods: This factor takes into account the number and nature of similar trademarks used with similar goods or services in the market.

7. Actual confusion between the marks: The USPTO looks for any existing evidence of confusion between the two trademarks in question.

8. Length and conditions of concurrent use without confusion: The office considers whether the two trademarks have been used simultaneously without causing confusion for an extended period.

9. Variety of goods and services associated with the marks: The USPTO evaluates if the trademark is used or not used with a range of different products or services.

10. Market interface: This factor assesses the interactions and competitive relationship between the applicant and the owner of the existing trademark.

11. Applicant’s right to exclude others: This factor measures the extent to which the applicant has the right to prevent others from using the trademark on specific goods or services.

12. Extent of potential confusion: The USPTO tries to gauge the possible level of confusion that could arise between the two trademarks.

13. Other established facts: Any additional relevant information that could help determine the impact of trademark use is also considered.