[E-trademarks] Estimates for survey to be conducted to determine distinctiveness of trade dress

[daniel at keganlaw.com]

Lower cost surveys.
If the decision-maker were science and math oriented, then there are multiple ways to conduct
scientifically reliable trademark studies at low cost. The reported cases rarely so support.
Target the universe to be generalized to, target and explain why a few good random samples with
decently high response rates suffcie within the expected error range, etc, and have good unbiased
questions anad response formats. Have solid design and implemented survey data and be prepared
to challenge the other side that ssays your sample size is too small, etc. Oh it sure helps if there
is a strong effect, high percent difference, and lots of responses to open-ended “Why say that”
where the asserted distinctiveness is highlighted, B doesn’t show A.

Daniel Kegan *  <daniel at keganlaw.com>
KeganLaw * Counsel to Counsel™ * <http://www.keganlaw.com>
We identify, develop, and protect intangible business assets
and counsel other professionals on legal issues.
Balanced Counsel for Smart Clients®
29 Kendal Dr
Kennett Square PA 19348-2323 USA

> On May 22, 2024, at 4:11 PM, Leesa N. Weiss via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> I am looking for a general range of cost(s) (guesstimates) which could be anticipated in conducting a survey to determine the distinctiveness of a trade dress.
> If any of you have had recent favorable experiences using a firm to undertake a survey to determine the distinctiveness of a trade dress, I would appreciate sharing the name(s) of such firms.
> Leesa N. Weiss
> 9801 Washingtonian Boulevard, Suite 750
> Gaithersburg, MD 20878
> lweiss at esfip.com <mailto:lweiss at esfip.com>
> Direct:  240-864-2472
> 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20240522/b1d377be/attachment.htm>