Custom consumer surveys play a crucial role in trademark challenges. Trademarks are essential assets for businesses as they help distinguish their products and services from competitors in the market. However, disputes may arise when two or more parties claim ownership over a similar or identical trademark. In such cases, consumer surveys from Keegan & Donato Consulting can be conducted to gather evidence and determine the likelihood of consumer confusion. These surveys provide valuable insights into consumer perception and help courts and trademark authorities make informed decisions.

Who Is Keegan & Donato Consulting?

Our firm, located in Rye, New York, is a specialty research consultancy that conducts consumer surveys for attorneys nationwide and their clients in IP disputes in federal and state courts, before arbitration panels, the TTAB, the NAD, and other venues.

Principals Mark Keegan and Tony Donato offer clients more than 30 combined years of proven survey methodologies, deep operational insight, and broad industry experience.

What We Do for Our Valued Clients

• Design, execute, and present the results of:
  • trademark litigation surveys, including the likelihood of confusion, secondary meaning, the strength of mark, trade dress, genericness, fame, and others;
  • false and deceptive advertising, consumer perception, and other types of marketing surveys;
• Critique and rebuttal of trademark and marketing surveys;
• Damages and forensic economic analyses;
• Expert witness testimony on consumer survey, marketing, and economic issues.

About Custom Consumer Surveys

The primary objective of custom consumer surveys in trademark challenges is to assess the likelihood of confusion among consumers. These surveys typically involve presenting participants with various trademarks and asking them about their perceptions regarding the source of the products or services associated with those marks. By analyzing consumer responses, researchers can identify whether there is a significant risk of confusion between the marks in question. This information is crucial in determining the validity and enforceability of a trademark.

Custom consumer surveys are tailored to suit each trademark challenge’s specific needs and requirements. The design and methodology of these surveys depend on various factors, such as the nature of the products or services, target audience, and geographical scope. Surveys can be conducted through multiple channels, including online questionnaires, telephone interviews, or face-to-face interactions. Selecting participants is also crucial to ensure that the survey sample accurately represents the relevant consumer population.

Accuracy and reliability are essential when conducting custom consumer surveys for trademark challenges. It is crucial to ensure that the survey questions are unbiased and do not lead participants toward a particular response. The survey design should also consider potential factors influencing consumer perception, such as prior exposure to the trademarks or brand loyalty. Additionally, a sufficient sample size and proper statistical analysis are necessary to draw meaningful conclusions from the survey results.

Key Takeaways

Custom consumer surveys are valuable tools for trademark challenges. They provide objective evidence regarding consumer perception and the likelihood of confusion between trademarks. Businesses and legal professionals can rely on custom consumer surveys from Keegan & Donato Consulting to protect their trademarks and maintain a competitive edge in the market. Contact us today at (914) 967-9421 to learn more.