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J.J. Lee, Trademark Attorney

How the USPTO Decides If a Trademark Is Too Close to Another

Published about 2 months ago • 1 min read

February 10, 2025

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Hello Reader,

When the USPTO reviews a trademark application, one big question they ask is: Will people get confused between this trademark and another one already registered?

To answer this, they look at 13 rules—called the DuPont factors—to see how similar the trademarks are. But don’t worry! You don’t need to memorize all 13. Here are the most important ones:

1️⃣ Are the trademarks alike? If two names look, sound, or feel the same, people might mix them up. For example, "SuperSoda" and "SuperZoda" are really close!

2️⃣ Are they selling the same kinds of things? If two brands sell similar products, there’s a higher chance of confusion. A "SuperSoda" for soft drinks and a "SuperSoda" for car tires wouldn’t be a problem. But if both sell drinks, it could be an issue.

3️⃣ Do they both show up in the same places? If two brands use similar names AND sell in the same stores or websites, people might think they’re connected.

4️⃣ How strong is the first trademark? Some trademarks are unique and well-known, like "Nike" or "Apple." These brands get extra protection. A trademark that’s common or describes something—like "Tasty Burgers"—might not be as strong.

The USPTO looks at all these factors together to decide if a new trademark is too close to an existing one.

If you’d like help figuring out if your trademark is in the clear, just let me know!

Keep Your Brand Safe and Protected,​
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J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. Even if your trademark seems different, the USPTO can still refuse it based on these rules. If you want to avoid surprises, I can take a look and give you a clear answer before you file!

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J.J. Lee, Trademark Attorney

Protecting your Brand and Trademark Since 2007 and over 7,000 Trademark Registrations.

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