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”, or go to
/confusion-analysisConfirm 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 | 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