Trademark surveys are valuable tools businesses use to assess consumer perception and association with brand names, logos, and other trademarks. These surveys provide critical evidence in trademark infringement cases and help determine a mark’s strength and distinctiveness. When conducting trademark surveys, it is essential to ensure that the chosen form is reliable, unbiased and meets the acceptable standards set by the courts. Keegan & Donato Consulting can help.
We are a specialty research consultancy and among the most experienced firms in trademark litigation. We have designed and critiqued hundreds of consumer research studies across various industries for cases in federal court, state court, the TTAB, the NAD, arbitration hearings, and other specialty venues.
Since each case is unique, our team approaches survey design on a case-by-case basis. We work side by side with clients to understand the fundamental issues driving their cases and work to maximize the value of the research evidence to the overall case strategy.
Survey Forms & Methods
Online Surveys: One of the most common methods for conducting consumer surveys is through online platforms. With the widespread use of the Internet and technology, online surveys have become popular for businesses. Online surveys are cost-effective, easily accessible, and can reach a large number of respondents in a short period of time. They can be distributed through email, social media, or company websites. Online surveys also allow for easy data collection and analysis, with various software tools available to assist with organizing and interpreting the survey results.
Telephone Surveys: Another method for conducting consumer surveys is through telephone interviews. This method involves contacting respondents directly via phone and asking them questions. Telephone interviews are helpful when businesses want to gather more detailed or qualitative information from respondents. However, this method can be more time-consuming and expensive than online surveys. Additionally, there may be limitations in reaching a diverse range of respondents, as everyone may not have a landline or be willing to participate in a phone interview.
Mail Surveys: Mail surveys can also be used to conduct trademark surveys. This traditional method involves sending out physical questionnaires to respondents by mail. While mail surveys may not be as popular or efficient as online surveys, they can still be effective in reaching specific demographics who may not have access to the Internet or prefer to respond via mail. However, this method can be slower and less cost-effective, as it requires printing and postage expenses, and there may be delays in receiving responses.
Conclusion
There are various acceptable forms for conducting trademark surveys, each with advantages and limitations. Online surveys are cost-effective and efficient, telephone interviews allow for more detailed information, in-person interviews provide interactive insights, and mail surveys can reach specific demographics. Businesses should carefully consider their objectives, target audience, and resources when selecting a survey method to ensure the most effective data collection and analysis.
With methodologically sound surveys conducted by Keegan & Donato Consulting, businesses can gather valuable evidence to protect their trademarks in court. Call us at (914) 967-9421 to utilize our extensive knowledge and expertise.