Trademarks serve as unique identifiers for brands and are essential for distinguishing their products or services from those of their competitors. Disputes can arise, however, when two businesses claim the same or similar marks, leading to legal battles in court. When building strong trademark cases, it’s critical to hire Keegan & Donato Consulting, a firm that offers over 30 years of cumulative experience in consumer research, to conduct effective trademark surveys.

We are a specialty research consultancy that designs and executes consumer surveys for attorneys and their clients in the context of IP disputes. We work with plaintiffs and defendants to provide the research, analysis, affidavits, declarations, and expert reports they need to support trademark infringement and trade-dress litigation. We have also collaborated extensively on cases involving marketing, business, and financial issues.

Keegan & Donato Consulting has designed and critiqued hundreds of consumer research studies across a broad range of industries for cases in federal court, state court, the TTAB, the NAD, arbitration hearings, and other specialty venues.

What We Do for Our Valued Clients

• Design, execute, and present results of: 
  • trademark litigation surveys;
  • false and deceptive advertising, consumer perception, and other marketing surveys;
• Critique and rebuttal of trademark and marketing surveys;
• Damages and forensic economic analyses;
• Expert witness testimony.

Different Types of Trademark Surveys

Trademark surveys are market research studies designed to gather data about how consumers perceive and recognize specific trademarks. Keegan & Donato Consulting conducts various types of trademark surveys depending on the particular needs of our clients.

Likelihood of Confusion Surveys: The results of a likelihood of confusion survey can be used to support a trademark infringement claim by determining whether consumers are confused between two trademarks. Survey respondents are usually shown two marks side by side and are asked whether they believe the two marks come from the same company or different companies. 

Dilution Surveys: Trademark dilution occurs when an infringing party uses a famous mark in a way that tarnishes the reputation of the plaintiff’s mark or dilutes its strength by blurring its distinctiveness. We can measure consumer recognition of a famous mark with a survey by asking respondents about their perceptions of the two marks in question.

Acquired Distinctiveness Surveys: When a trademark acquires distinctiveness, it becomes recognizable to the public as an indicator of the source of particular goods or services. This usually occurs following widespread commercial use and extensive advertising.  

False Advertising: Issues raised in the Lanham Act, such as false advertising or labeling, are suitable for testing through consumer surveys by addressing how the public interprets – and misinterprets – names, symbols, and other marks used by businesses in commerce.

Other Uses for Trademark Surveys

In addition to litigation, trademark surveys can be used in other situations, including:

• Before filing a trademark application: Conducting a trademark survey before filing a trademark application can help businesses identify potential conflicts with existing trademarks, allowing them to make informed decisions about the use of their marks.
• Trademark portfolio management: By conducting trademark surveys regularly, businesses can identify changes in how consumers perceive their marks. This allows them to make adjustments to their branding strategies.
• Licensing and franchising: Trademark surveys can be used to determine a brand’s strength and set licensing and franchising fees.

Final Thoughts

Trademark disputes can be complex and expensive, and you need strong evidence to support a trademark claim or defense. Building strong trademark cases with Keegan & Donato Consulting can provide the valuable information you need. Get in touch with us today at (914) 967-9421 to take advantage of our extensive training, expertise, and data-gathering capabilities.