In trademark law, surveys are often used to gather evidence related to consumer perception of a particular trademark or brand. To ensure the admissibility of a survey, work with qualified survey experts like Keegan & Donato Consulting, who have experience conducting surveys in the relevant industry and can design a reliable and relevant survey to the issues in the case.
Trademark surveys provide a systematic and scientific approach to evaluating the strength and distinctiveness of a brand. They help businesses identify potential conflicts and assess the likelihood of confusion among consumers. By understanding how consumers perceive and recognize your brand, you can make informed decisions to protect it from infringement and maintain its integrity.
Who We Are
Keegan & Donato Consulting provides nationwide service to attorneys practicing in state and federal courts, before arbitration panels, the TTAB, the NAD, and other specialty venues and their clients. Mark Keegan and Tony Donato offer clients over 30 combined years of proven survey methodologies, deep operational insight, and extensive industry experience.
Different Types of Trademark Surveys
Trademark surveys come in various types, each serving a specific purpose and providing unique insights. Here are some of the most common types:
- Likelihood of confusion surveys: These surveys evaluate the likelihood of confusion between two trademarks. They assess how consumers perceive the similarity or dissimilarity between two brands and determine the potential risk of confusion or dilution.
- Secondary meaning surveys: Descriptive marks are not usually protectable unless the trademark has acquired a secondary meaning. Secondary meaning surveys aim to establish the distinctiveness and recognition of a brand among consumers. They assess whether a brand has acquired a secondary meaning beyond its primary descriptive or generic meaning.
- Dilution surveys: Trademark dilution arises when someone uses a famous mark and dilutes its strength by blurring its distinctiveness. or tarnishing its reputation. These surveys assess the potential harm to the unique and distinctive nature of the famous brand. Consumer recognition of a famous mark can be measured directly by a survey.
- Consumer perception surveys: Consumer perception surveys provide insights into how consumers perceive a brand, its attributes, and its association with specific products or services. These surveys help businesses assess brand awareness and overall consumer sentiment.
What Is the Standard for Admissibility of Surveys in Trademark Law?
The standard for admissibility of surveys in trademark law is the Daubert standard. It determines the admissibility of expert testimony and scientific evidence in federal court.
The court will consider factors such as the reliability of the survey methodology, the relevance of the survey to the issues in the case, the qualifications of the survey expert, and the potential for confusion or prejudice to the jury.
Trademark survey companies like Keegan & Donato Consulting offer attorneys and their clients an exceptional combination of analytical and strategic skills related to the role of survey evidence in trademark opposition proceedings. If you are involved in trademark litigation and concerned about admissibility, working with experienced survey consultants who can help you navigate the complex law is essential. Call Keegan & Donato Consulting at (914) 967-9421 to learn more.