In the world of trademarks, surveys play a crucial role in protecting and maintaining the value of a brand. As experts in this field, the Keegan & Donato Consulting team understands the importance of conducting such surveys to evaluate consumer perceptions, measure likelihood of confusion among consumers, and provide valuable evidence in litigation cases.
Keegan & Donato Consulting, located in Rye, New York, is a specialty research consultancy that designs and executes consumer-based surveys for attorneys and their clients in the context of intellectual property disputes. Principals Mark Keegan and Tony Donato have more than 30 years of cumulative experience in consumer research and can help you strengthen your case.
We take pride in having a team of experienced and knowledgeable survey experts who specialize in trademark surveys. We are well-versed in crafting surveys that can provide valuable strategic insights into determining brand recognition, consumer confusion, and the potential impact of trademark infringement.
We work on a fixed rate or hourly basis based on your needs and will assist you with designing a reliable survey that is within your budget.
Types of Trademark Surveys
There are mainly two types of trademark surveys:
- Likelihood of Confusion Surveys: These surveys measure the probability that consumers will confuse one trademark with another. They are useful in cases that involve disputes over similar marks, where one party claims that the other’s mark is too similar and creates confusion in consumers’ minds. This evidence can be vital in helping courts decide whether a trademark infringement has occurred.
- Dilution and Secondary Meaning Surveys: These surveys are used to assess whether a well-known trademark’s uniqueness or reputation has been diluted when another party uses a similar mark. They can also determine if a mark has acquired a secondary meaning, which strengthens the trademark protection for otherwise descriptive terms.
Trademark surveys are critical in assessing consumer perception, as they evaluate how the allegedly infringing mark might impact the purchasing decisions of potential customers. By carefully designing and executing these surveys, we can reveal whether or not consumers are likely to be confused by the similarity or dissimilarity of two competing marks.
In trade dress litigation, surveys also help determine whether or not a product’s design is distinctive enough to receive trademark protection. By gauging consumer recognition of the particular design, we can measure the strength and distinctiveness of a claimed trade dress within the market.
In the category of unfair competition cases, trademark surveys can evaluate the likelihood of consumers being misled or deceived by the defendant’s actions. This includes assessing false advertising and other practices that might injure the plaintiff’s reputation or business.
The Keegan & Donato Consulting survey support team is proficient in helping clients understand the data gathered from our surveys. From designing the survey to data analysis, our teams work together to deliver a comprehensive and reliable outcome. We ensure the results are accurately interpreted and presented, enabling clients to make well-informed decisions concerning their trademarks and intellectual property.
We work diligently to provide our clients with the knowledge and strategic insights they need to protect their trademarks and make educated decisions. We are confident in our abilities to deliver reliable and clear results, always maintaining a professional and neutral approach.
The benefit of conducting trademark surveys to evaluate likelihood of confusion is that they often provide valuable insights into how consumers perceive and recognize trademarks in the marketplace. If you are involved in trademark litigation, it is essential to work with experienced survey consultants who can help you navigate complex legal issues and determine if a custom survey is appropriate for your case. Call Keegan & Donato Consulting at (914) 967-9421 or online to learn more.