Acquired Distinctiveness

Some trademarks are inherently distinctive, while others—particularly descriptive marks—require evidence that consumers associate them with a single source. This concept, known as acquired distinctiveness, is often evaluated using consumer perception data.

How Consumer Surveys Provide Valuable Insight

Attorneys seeking to demonstrate acquired distinctiveness often rely on consumer survey research as supporting evidence. A well-designed survey can:

• Assess whether consumers recognize a mark as linked to a specific source
• Provide data-driven insights into brand perception
• Support legal arguments with objective consumer responses

Keegan & Donato Consulting: Experts in Consumer Perception Studies

Keegan & Donato Consulting conducts methodologically sound surveys that help attorneys evaluate consumer recognition of a mark. Our surveys:

• Measure consumer perceptions using established methodologies
• Are designed to meet legal and evidentiary standards
• Provide clear, reliable data to support trademark strategies

Tailored Surveys for Acquired Distinctiveness Cases

Acquired distinctiveness surveys are designed to measure whether consumers associate a descriptive mark with a single source, rather than viewing it as a general term. While other consumer perception surveys may assess brand recognition, likelihood of confusion, or reputation, acquired distinctiveness surveys specifically evaluate the strength of consumer association between a mark and a company. Our research helps attorneys build stronger cases by providing independent, data-backed insights into consumer recognition.

Reliable Survey Research for Trademark Matters

Keegan & Donato Consulting offers unbiased, expert-designed consumer surveys to assist in evaluating acquired distinctiveness. Contact us today to learn more about how our research can support your case.