Confusion Analysis: The 13 DuPont Factors

The DuPont analysis evaluates likelihood of confusion between two trademarks using the 13 factors established in In re E. I. du Pont de Nemours & Co. (1973). GleanMark automates this analysis using a combination of AI evaluation and deterministic database metrics.

What You Can Do

• Compare any two trademarks for likelihood of confusion
• Get a scored assessment across all 13 DuPont factors
• See an overall risk level: Low, Moderate, High, or Very High
• Review detailed analysis with citations and evidence
• Share results via a public link
• Access saved analyses from the Analysis Hub

How It Works

1. Start from comparison — select exactly 2 marks from search results and click "Confusion Analysis", or go to /confusion-analysis
2. Confirm the marks — verify the two serial numbers being compared
3. Wait for analysis — GleanMark evaluates each factor (typically under 60 seconds)
4. Review results — each factor shows a finding, evidence, and contribution to the overall risk level

The 13 Factors

#	Factor	How GleanMark Evaluates It
1	Similarity of the Marks	AI analysis of appearance, sound, and meaning
2	Goods/Services Relatedness	AI analysis of class overlap and complementary goods
3	Trade Channels & Purchasers	AI analysis with business intelligence data
4	Conditions of Sale	AI evaluation of consumer sophistication and price points
5	Fame of the Prior Mark	AI assessment (flagged only for household-name brands)
6	Similar Marks in Use	Database metrics — field crowding analysis
7	Actual Confusion Evidence	Not assessed (requires real-world survey data)
8	Concurrent Use Without Confusion	Computed from first-use dates and registration timelines
9	Variety of Goods	Computed from the senior mark's Nice class count
10	Market Interface	AI analysis when business intelligence is available
11	Right to Exclude Others	Not assessed (requires legal determination)
12	Potential Confusion	AI synthesis of all available evidence
13	Other Probative Facts	Not assessed (case-specific)

Factors 7, 11, and 13 require evidence that can't be determined from USPTO records alone — these are noted as requiring additional investigation.

Overall Risk Level

The analysis produces an overall risk assessment:

Risk Level	What It Means
Very High	Marks are highly likely to cause confusion
High	Significant confusion risk — proceed with caution
Moderate	Some risk factors present — further investigation warranted
Low	Minimal confusion risk based on available factors

The report also includes a similarity score (0-100) and qualitative labels for how similar the marks are overall.

Tips

• Factor 1 (mark similarity) and Factor 2 (goods relatedness) carry the most weight — if both are high, confusion is likely regardless of other factors
• Factor 6 (field crowding) can help your case — a crowded field means consumers are accustomed to distinguishing similar marks
• Factor 8 (concurrent use) helps established marks — a long coexistence period without confusion is strong evidence
• Use the analysis in OA responses — DuPont factor analysis is directly relevant to Section 2(d) refusal arguments

What's Included in Each Plan

Feature	Starter	Professional	Firm
DuPont analyses	1/month (then $19 each)	5/seat/month (then $19 each)	Unlimited

Related Features

• Comparing Trademarks — Start a DuPont analysis from comparison view
• Running a Clearance Report — Clearance reports can include DuPont analysis
• Knockout Search — Find conflicts to analyze

Need Help?

Click the chat icon in the bottom right or email support@gleanmark.com.