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Trademark attorneys typically explain to clients, when discussing whether or not to oppose another parties’ trademark application, that the Trademark Trial and Appeal Board has adopted a seven-factor test to analyze whether consumers are likely to be confused. These factors include similarity of marks, similarity of goods and services, similarity of trade channels, sophistication of the consumers, fame of the mark, third party use, and actual confusion. This multi-factor test is not a rigid scorecard. It is merely a balancing test used by the Board. No factor is dispositive, and varying weight may be given to each factor based on the circumstances.

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