Product Guide
Confusion Analysis: The 13 DuPont Factors
By Howard Katzenberg
April 13, 2026
5 min read
The team behind GleanMark
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
- Start from comparison — select exactly 2 marks from search results and click "Confusion Analysis"
- Confirm the marks — verify the two serial numbers being compared
- Wait for analysis — GleanMark evaluates each factor (typically under 60 seconds)
- 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 | Max |
|---|---|---|---|
| DuPont analyses | Unlimited | Unlimited | Unlimited |
DuPont confusion analyses are unlimited on every paid tier — there is no monthly cap and no per-analysis charge.
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
Related Articles
About GleanMark
Similar Marks Analysis: How to Find, Compare, and Assess Trademark Conflicts
March 30, 2026
About GleanMark
Knockout Search: The Examiner-Style Clearance Tool That Finds Conflicts Before Filing
March 30, 2026
Statistical Analysis
The USPTO Issued More Trademark Office Actions in September 2025 Than in July and August Combined
June 4, 2026