Likelihood of Confusion Factors: Key Legal Principles and Representative Cases (Fed. Cir. and TTAB)

Summary

The below charts provide an in-depth analysis of the factors the Federal Circuit and Trademark Trial and Appeal Board (TTAB or Board) consider when assessing likelihood of confusion (known as the du Pont factors, based on the seminal case In re E. I. du Pont de Nemours & Co., 476 F.2d 1357 (C.C.P.A. 1973)). Key legal principles and representative cases are listed for each factor, which may be used as a starting point when drafting memoranda, briefs, responses to office actions, or other materials that require citation to Federal Circuit and TTAB law.