What is the DuPont likelihood of confusion test?

It's the TTAB/CAFC framework with factors like mark similarity, goods relatedness, fame — first one's often king.

Can vapes use marks similar to cigar brands?

If they create distinct impressions, yes — channels and buyers secondary if marks differ sharply.

Does commercial weakness kill trademark oppositions?

Often, yeah — conceptual strength helps, but marketplace proof rules.

Cigar Giant’s 'X' Fails to Block Vape Stick Figure: CAFC Backs TTAB Dismissal

Can a simple 'X' own the tobacco space? Not when a vape's stick figure dances around it, says the CAFC. This ruling exposes the razor-thin line in trademark battles between old smokes and new vapes.

theAIcatchup Apr 09, 2026 3 min read

⚡ Key Takeaways

CAFC affirms TTAB: Stick figure vape mark clears cigar 'X' due to dissimilarity. 𝕏
One DuPont factor (mark appearance) can outweigh others, even overlapping channels. 𝕏
Senior mark's commercial weakness neutralized its fame claim. 𝕏

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#CAFC decision #TTAB opposition #likelihood of confusion #trademark DuPont factors #vape trademarks

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Originally reported by IPWatchdog

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