"The likelihood of confusion analysis is a balancing test, and a single DuPont factor 'may be dispositive,' especially where, like here, 'that single factor is the dissimilarity of the marks.'"
"The Board assessed the likelihood of confusion by considering the factors set out in In re E.I. DuPont DeNemours & Co. The Board concluded that, although many factors weighed in favor of a likelihood of confusion, the marks create distinct commercial impressions."
The CAFC upheld the TTAB's dismissal of Fuente Marketing's opposition to Vaporous Technologies' trademark application. Fuente owns trademarks for the letter X related to cigars, while Vaporous sought to register the X Dot Mark for vaporizers. The TTAB evaluated the likelihood of confusion using DuPont factors, concluding that the marks were sufficiently dissimilar to avoid confusion. The CAFC agreed, emphasizing the importance of the first DuPont factor regarding the overall similarity of the marks, which decisively indicated no likelihood of confusion.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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