At Keegan & Donato, we believe enforcement works best when you bring the consumer’s voice to the table because it lays the groundwork for honesty. Using surveys to support trademark enforcement actions isn’t about padding a letter with numbers. It’s about genuine, credible, courtroom-ready evidence that shows what real buyers think and why that matters for your brand.

Why Surveys Change the Conversation

Enforcement often runs into the same pushback.

These are a few common statements:

•  “No one’s confused.”
• “Your mark isn’t distinctive.”
• “The claim isn’t misleading.”

A well-designed consumer survey turns those assertions into real and usable data.

We measure the following:

• Whether relevant consumers are confused.
• The extent to which they link a descriptive term or trade dress to a single source.
• The messages they take from an ad or product page.

When you can point to reliable numbers instead of conjecture, platforms listen, opposing counsel recalculates risk, and courts take notice.

Where surveys fit in your enforcement toolkit:

• Cease-and-desist and negotiation. A short, plain-English summary of survey findings can tilt the discussion toward resolution without filing.
• Marketplace takedowns. Courts and other venues often ask for empirical evidence. Survey data showing likely confusion or deception helps meet that bar.
• TTAB and court filings. For preliminary injunctions or contested proceedings, a litigation-grade survey supports elements like likelihood of confusion, secondary meaning, strength of mark, genericness, or deceptive messaging.

What We Test and Why It Helps

• Likelihood of confusion
• Secondary meaning / acquired distinctiveness
• Genericness
• Advertising takeaways

Methodology Courts Respect

The fact is that evidence wins when the method is solid. At Keegan & Donato, our surveys start with the right universe, which is those whose opinions are relevant to the case, often likely purchasers. We then use:

• Clean test/control designs
• Neutral stimuli that reflect marketplace reality
• Objective, non-leading questions

Our process is straightforward. We run surveys using state-of-the-art tools. . We bring in the right people to take the questionnaire, review all of the data carefully, and share results in a clear report with easy-to-follow numbers. The payoff is simple: a study that reads cleanly and defends cleanly.

Offense and Defense

Enforcement isn’t one-way. If you’re asserting rights, survey findings can justify swift action or support an injunction.

However, if you’re on the receiving end, a defense survey or a rebuttal to the other side’s study can show that confusion is minimal or that their methodology inflated a headline number.

At Keegan & Donato, we do both:

• Original, affirmative studies.
• Expert critiques that tie methodological flaws (wrong universe, weak controls, biased wording, demand effects) directly to the legal issues.

The Result: Leverage You Can Use

Good surveys help both sides evaluate risk with real information. That often means there will be earlier settlements, narrower disputes, and enforcement actions that feel fair rather than unjust or heavy-handed. When everyone can see what consumers actually think, the next steps get clearer and easier.

If you’re ready to use surveys to support trademark enforcement actions, let’s talk about your facts, timeline, and goals. Reach out to the team at Keegan & Donato to start a conversation online or call (914) 967-9421 to discuss your needs.