How to Conduct a Trademark Survey?

Rhonda Harper, MBA

Rhonda HarperRhonda Harper knows how to conduct a trademark survey. She has conducted thousands of surveys, hundreds of them for litigation purposes. Ms. Harper ensures that she selects the correct universe and the most appropriate methodology. She uses state-of-the art survey tools, hosting platforms, and works with only the best-in-class sample companies.

Make sure you know the rules. Courts consider the following factors when determining the admissibility of a Lanham Act survey.

If the correct universe of respondents is not surveyed, the entire study can be disqualified. Rhonda Harper examines and measures the responses of relevant purchasers and potential purchasers of the products or services at issue. She takes great care to ensure that the universe neither excludes potential purchasers (under-inclusive) nor is overbroad (over-inclusive).

Most of the time it would be impossible, or infeasible, to test all past and prospective purchasers in the relevant universe. Rhonda employs sampling procedures that statistically project results to the entire universe. Courts demand that such procedures be in accord with accepted, unbiased statistical principles.

Most surveys are completed online. Rhonda Harper uses only leading, premier online platforms and sample companies to complete her surveys.

With more than 30 years of research experience, she knows how to accurately collect, analyze, and report data in accordance with accepted statistical procedures and court requirements. Among the many considerations, she deploys the right survey types, ensures not to use leading questions, uses non-bias techniques, and takes great care to code and accurately represent the findings. When assessing causal effect, surveys must include a control to address possible noise. Using a control group or question, Ms.Harper tests the direct influence of the stimulus.

In summary, Rhonda Harper ensures the:

  • population was properly chosen and defined;
  • sample chosen was representative of that population;
  • data gathered were accurately reported;
  • data were analyzed in accordance with accepted statistical principles;
  • questions asked were clear and not leading;
  • survey was conducted by qualified persons following proper interview procedures; and
  • process was conducted to ensure objectivity,

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