Different courts tend to sometimes use different factors to determine if the use of your Mark creates a likelihood of confusion with the Mark of another regarding the source of the goods/services. Nevertheless, it is not uncommon for the following factors to be considered:

1. the similarity in the overall impression created by the two marks (including the marks' look, phonetic similarities, and underlying meanings);

2. the similarities of the goods and services involved (including an examination of the marketing channels for the goods);

3. the strength of the other's mark;

4. any evidence of actual confusion by consumers;

5. your intent in adopting the mark;

6. the physical proximity of the goods in the retail marketplace;

7. the degree of care likely to be exercised by the consumer; and

8. the likelihood of expansion of the product lines.