Trademark survey experts such as Keegan & Donato Consulting play a crucial role in trademark litigation in Gaithersburg, MD, and across the nation., providing the court with objective, empirical data that can be used to support or refute claims of trademark infringement, dilution, secondary meaning, and other issues. In many cases, the outcome of a trademark dispute will hinge on the strength and persuasiveness of the survey evidence presented by the expert.
Trademark survey experts are responsible for designing, implementing, and analyzing the survey and presenting their findings in court. We must be able to defend the survey methodology and the validity of the results under cross-examination, often facing challenges from opposing counsel.
The testimony of a skilled trademark survey expert can be the difference between a successful trademark defense and a costly legal defeat. By providing the court with reliable, well-designed survey data, trademark survey experts can help to ensure that the legal system accurately reflects the actual state of consumer perceptions and the strength of a trademark.
About Our Firm
Mark Keegan and Tony Donato specialize in trademark and trade dress analyses and surveys. We have designed and critiqued hundreds of consumer research studies across various industries for cases in federal court, state court, the TTAB, the NAD, arbitration hearings, and other specialty venues.
We have worked with leading firms across the nation, including Blood Hurst & O’Reardon LLP (San Diego), SmithAmundsen LLC (Chicago), Notaro, Michalos & Zaccaria PC (New Jersey), and Ropes & Gray LLP (Washington, DC), on surveys accepted as evidence in litigation involving a broad range of products and services.
The Benefits of Hiring a Trademark Survey Expert
Investing in the services of a trademark survey expert can provide many benefits for your business:
- Strengthening Trademark Claims: The data and insights gathered from a trademark survey can bolster your legal arguments in trademark registration, opposition, or infringement proceedings.
- Preventing Costly Litigation: By proactively evaluating the strength and distinctiveness of your trademarks, you can avoid potential legal battles and the associated financial and reputational risks.
- Enhancing Brand Equity: Protecting your trademarks helps maintain your brand’s integrity and value, which can translate into increased customer loyalty and market share.
- Informing Strategic Decisions: The findings from a trademark survey can inform your broader IP strategy, guiding decisions about brand expansion, licensing, and enforcement.
Finding the Right Survey Expert for Your Needs
When selecting a trademark survey expert, choosing a professional with the right combination of expertise, experience, and integrity is essential. Here are some key factors to consider:
- Proven Track Record: Look for an expert with a demonstrated history of conducting successful trademark surveys and a strong track record in legal proceedings.
- Specialized Knowledge: Ensure that the expert deeply understands trademark law, consumer behavior, and statistical analysis.
- Reputation and Credibility: Seek out an expert with a reputation for objectivity, integrity, and a commitment to ethical practices.
- Customized Approach: The expert should be willing to work closely with you to understand your specific needs and tailor the survey methodology accordingly.
- Clear Communication: The expert should be able to explain the survey process and findings in a clear and accessible manner, making it easy for you to understand the implications.
By carefully vetting and selecting the right trademark survey expert, you can have confidence in the integrity of the data and the strength of your intellectual property protection.
Next Steps
To learn more about trademark survey experts and how they could help strengthen your intellectual property case in Gaithersburg, MD, contact Keegan & Donato Consulting at (914) 967-9421.