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What are the dupont factors?

In: Intellectual Property [Edit categories]

Answer:

The DuPont factors are the factors used by the Federal Circuit to determine whether two trademarks (or service marks) are confusingly similar. Confusing similarity is necessary for a finding of trademark infringement. The factors are as follows:

The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation, and commercial impression.
The similarity or dissimilarity and nature of the goods . . . described in an application or registration or in connection with which a prior mark is in use.
The similarity or dissimilarity of established, likely-to-continue trade channels.
The conditions under which and buyers to whom sales are made, i.e. "impulse" vs. careful, sophisticated purchasing.
The fame of the prior mark
The number and nature of similar marks in use on similar goods.
The nature and extent of any actual confusion.
The length of time during and the conditions under which there has been concurrent use without evidence of actual confusion.
The variety of goods on which a mark is or is not used . . . .
The market interface between the applicant and the owner of a prior mark . . .
The extent to which applicant has a right to exclude others from use of its mark on its goods.
The extent of potential confusion . . . .
Any other established fact probative of the effect of use.

First answer by ID1352915162. Last edit by Patents101. Contributor trust: 2 [recommend contributor ]. Question popularity: 2 [recommend question].

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