Developing strong trademark surveys is crucial for businesses and individuals seeking to protect their intellectual property rights. A well-designed survey from Keegan & Donato Consulting can provide valuable evidence in trademark infringement cases, helping to establish consumer confusion and the likelihood of confusion between two similar marks.
About the Firm
Mark Keegan and Tony Donato offer clients more than 30 years of combined experience and impeccable credentials in consumer-based survey research and data analysis. We follow a solid methodological foundation in survey design, execution, and presentation.
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 leading global association for market, social and opinion researchers.
Mr. Keegan is an AMA Professional Certified Marketer. As a marketing strategist, he has partnered with many top brands, helping to improve their position in the market and creating innovative online advertising solutions.
Mr. Donato has served as a consultant in complex litigation matters. He has a background in marketing, intellectual property, and consumer behavior cases covering trademark, copyright, patent, best efforts, advertising, consumer surveys, business damages, and business marketing ethics.
Tips for Developing a Strong Trademark Survey
- Define the survey purpose: Before designing your survey, it is important for us to define its purpose. What questions are you trying to answer? What type of evidence do you need to support your case? This will help guide our design of the survey.
- Use a representative sample: We conduct surveys with a representative sample of consumers who are likely to encounter the two marks in question. The sample will be diverse and include individuals with different levels of education, income, and geographic location.
- Use clear and concise language: We write the survey questions in clear and concise language that is easy for consumers to understand, and we avoid using technical jargon or legal terms that may confuse participants.
- Use a control group: A control group can help establish a baseline for consumer confusion. The control group will usually be shown the original mark without any changes, while the test group would be shown the original mark and the allegedly infringing mark.
- Use a variety of questions: Our surveys include a variety of questions that measure different aspects of consumer confusion, such as likelihood of confusion, source confusion, and association.
- Consider the timing and context: The timing and context of your survey can impact the results. We may conduct the survey in the same market and at the same time of year as the alleged infringement.
- Use a reputable survey company: Finally, it is important to use a reputable survey company like Keegan & Donato Consulting that has experience in conducting trademark surveys and can provide a detailed report of the survey methodology and results.
Whether you are the plaintiff or defendant, understanding the significance of developing strong trademark surveys can assist you in your litigation and help you define a strong case strategy. Contact Keegan & Donato Consulting today at (914) 967-9421 to explore our affordable services.