Surveys play a vital role in determining the strength and distinctiveness of your brand in the marketplace, enabling you to gather valuable insights about consumer perception, confusion, and potential infringement. Understanding the best practices in trademark survey design utilized by Keegan & Donato Consulting is essential to ensure accurate results you can rely on.
Keegan & Donato Consulting services attorneys practicing in federal and state courts, arbitration panels, the NAD, the TTAB, and other specialty venues. Principals Mark Keegan and Tony Donato offer 30+ combined years of deep operational insight, proven survey methodologies, and broad industry experience.
Our services include conducting thorough research, analysis, and preparing affidavits and reports for parties involved in trademark infringement litigation. We have collaborated on a wide range of cases that involve business, marketing, and financial issues. Our expertise in these areas enables us to provide valuable support to our clients.
The firm belongs to the International Trademark Association (INTA), the American Marketing Association (AMA), the Association for Consumer Research (ACR), the American Association for Public Opinion Research (AAPOR), and ESOMAR, the top global association for market, social, and opinion researchers. We are also Qualtrics certified.
Importance of Accurate Trademark Survey Design
Trademark surveys are critical for businesses looking to protect their brand identities and make informed decisions. These surveys provide valuable insights into consumer perception, confusion, and potential infringement, helping businesses assess the strength and distinctiveness of their trademarks in the marketplace.
It is essential to choose survey specialists like Keegan & Donato Consulting, whose methodology, sample size, and target audience ensure their survey’s validity and representativeness. Our well-designed surveys can provide evidence of consumer confusion or potential infringement, supporting legal claims and helping you safeguard your trademarks.
Types of Trademark Surveys
Trademark surveys can be categorized according to their objectives and methodologies. Here are some of our most-requested types of trademark surveys:
Likelihood of Confusion Surveys: These surveys assess the likelihood that consumers will be confused between two trademarks. They typically involve presenting respondents with the trademarks in question and asking them to evaluate their similarities and the likelihood of confusion.
Secondary Meaning Surveys: Secondary meaning surveys can determine if a trademark has acquired secondary meaning or distinctiveness in consumers’ minds. They assess whether consumers associate the trademark with a specific source or brand beyond its ordinary meaning.
Dilution Surveys: Dilution surveys evaluate the potential for trademark dilution, which occurs when a famous trademark’s distinctiveness is weakened by unauthorized use or association with other products or services. These surveys assess the potential for dilution and the likelihood of harm to the famous trademark’s distinctiveness.
Genericness Surveys: Genericness surveys determine whether a term has become generic and is no longer eligible for trademark protection. These surveys assess whether consumers perceive the term as a common or generic name for a product or service rather than a specific brand or source identifier.
Consulting with legal experts and experienced trademark survey consultants can help you select the most appropriate survey type for your needs. To learn more about the best practices in trademark survey design, get in touch with Keegan & Donato Consulting. Call us today at (914) 967-9421 to explore our affordable services.