Trademark Genericness Survey Expert

Rhonda Harper has conducted thousands of surveys, hundreds of them for litigation purposes. 

A trademark genericness survey typically seeks to assess whether relevant consumers consider a mark to be a common name or design, or a brand name or design. If consumers believe the mark is a common name, it provides strong evidence that the mark is generic. Similarly, if consumers believe the mark is associated with a single brand, the evidence is strong that the mark is not generic. There are two main types of genericness surveys: a Teflon survey and a Thermos survey. The Teflon survey is more commonly used in genericness cases. 

Rhonda Harper follows the standards set by Dr. Shari Diamond, among others, to ensure the validity of her research studies. These include:

• Appropriate universe selection and sampling frame;
• Rigorous and valid survey design that is probative of the relevant issues in a case;
• Inclusion of representative, qualified respondents;
• Use of procedures to minimize potential biases in data collection;
• Use of objective, non-leading questions;
• Use of procedures to reduce guessing among respondents; and
• Full analysis and reporting of survey data.