IPED Trademark Success Calculator

IPED Trademark Success Calculator

This Trademark Success Calculator is the result of 7 years of intensive research and development. It incorporates daily analysis of USPTO cases, particularly those where the USPTO reversed initial findings of likelihood of confusion based on various arguments. We have applied advanced statistics and analysis to accurately determine the chances of success for trademarks that have been refused registration based on confusion.

This tool is especially valuable because trademark confusion issues are nuanced and often avoided by trademark attorneys due to their time-consuming and subjective nature. Many examining attorneys at the USPTO tend to have a hard-line attitude towards examining trademark applications.

To use this calculator, simply answer the questions on the spectrum from Strongly Disagree to Strongly Agree. Specific examples are provided for each question to guide you.

E.g., 'KODAK' for cameras (arbitrary) vs 'SWEET' for candy (descriptive)

E.g., 'NIKE' for sportswear (unique) vs 'NATIONAL' for insurance services (common)

E.g., 'KOKA-KOLA' vs 'COCA-COLA' (similar) vs 'APPLE' vs 'MICROSOFT' (different)

E.g., 'FLICKR' vs 'FLICKER' (similar) vs 'TIDE' vs 'GAIN' (different)

E.g., 'KING' vs 'MONARCH' for leadership training (similar) vs 'SUN' vs 'MOON' for astronomy clubs (different)

E.g., 'CITY BANK' vs 'CITIBANK' for financial services (similar) vs 'RED BULL' vs 'TORO ROJO' for energy drinks (different)

E.g., 'PowerBOOK' vs 'NoteBook' for laptops (similar) vs 'FOOTLOCKER' vs 'FOOT SOLUTION' for shoe stores (different)

E.g., 'NETFLIX' vs 'NETFLICKS' (minimal differences) vs 'STARBUCKS' vs 'MOONBUCKS' (significant differences)

E.g., Both marks for 'clothing' (same category) vs One for 'clothing', another for 'kitchen appliances' (different categories)

E.g., Both for 'transportation services' (similar purpose) vs One for 'cars', another for 'breakfast cereals' (different purposes)

E.g., Both sold in supermarkets (similar channels) vs One sold in pharmacies, another in car dealerships (different channels)

E.g., Both targeting 'young adults' (similar consumers) vs One for 'children', another for 'senior citizens' (different consumers)

E.g., Everyday grocery items (low care) vs Luxury watches or professional services (high care)

E.g., Candy bars at checkout (impulse purchase) vs High-end electronics (planned purchase)

E.g., Novelty items or trinkets (non-essential) vs Prescription medications (essential)

E.g., Decorative items (minimal impact) vs Health supplements or medical devices (significant impact)

E.g., Fast food (little research) vs Real estate or investment services (extensive research)

E.g., Vending machine purchases (quick and simple) vs Custom-built computers (complex and time-consuming)

E.g., Over-the-counter medications (no special qualifications) vs Prescription-only drugs or professional-grade tools (special qualifications required)

E.g., 'PET TECH' vs 'TECH FOR PETS' for high-tech pet products (niche market) vs 'HOME ESSENTIALS' vs 'HOME BASICS' for household goods (general market)

E.g., 'LUNA' (Spanish for moon) vs 'MOON' for night lamps (involves translation) vs 'SUNNY DAY' vs 'BRIGHT DAY' for sunscreen (no foreign language element)

E.g., 'JORDAN' for basketball shoes (celebrity association) vs 'GENERIC BRAND' for athletic wear (no celebrity association)

E.g., 'SMITH'S DELICATESSEN' (includes surname) vs 'GOURMET DELI' (no personal name)

E.g., Multiple brands using similar marks in different industries (co-existence) vs No evidence of similar marks being used concurrently (no co-existence)

E.g., 'LINCOLN' for a memorial service (cultural significance) vs 'SMITH' for hardware (no particular cultural significance)