214-244-4608 Rhonda@HarperLCR.com

Rhonda Harper 
Interior Design
  • Home
  • Clients
  • Goods & Services
  • Fees
  • Testimonials
  • About
  • More
    • Home
    • Clients
    • Goods & Services
    • Fees
    • Testimonials
    • About
Rhonda Harper 
Interior Design
  • Home
  • Clients
  • Goods & Services
  • Fees
  • Testimonials
  • About

Secondary Meaning Survey Expert Witness

Rhonda Harper, MBA

Secondary meaning survey expert Rhonda Harper has conducted and rebutted hundreds of trademark and trade dress surveys, including those to determine whether a mark has attained secondary meaning. 


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.


Rhonda Harper is also adept at providing Secondary Meaning Factor Analyses, based on each circuit court's unique factors.

Secondary Meaning

What is secondary meaning?

Secondary meaning is achieved when relevant consumers associate a mark with one, and only one, source. One way to determine whether a mark has achieved secondary meaning is by conducting a survey among the relevant consumers. A second method is to assess the mark against a muti-factor analysis. Each of the federal circuits have formulated a multi factor test.

One of the most common reasons why a trademark application may be refused on the Principal Register of the United States Patent & Trademark Office (USPTO) is because the mark is not inherently distinctive and it is lacking acquired distinctiveness. Trademarks that are merely descriptive of the goods or services and lacking in acquired distinctiveness or not inherently distinctive will only be registered on the Supplemental Register. A term that is descriptive may acquire unique significance overtime through the trademark owner's usage. If this occurs, then the relevant public will associate the trademark with one source.

Ms. Harper's courtroom testimony is one of the best I’ve seen in doing this 34 years. Very well prepared, unwavering in the face of cross-examination, and very persuasive to the jury. Very well done.


Partner, McCutcheon Joseph

Contact

Make an Inquiry

Attach Files
Attachments (0)

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Harper Litigation Consulting and Research

214-244-4608 rhonda@harperlcr.com

Copyright © 2025 Harper Litigation Consulting and Research LLC - All Rights Reserved.

  • Trademark Survey Expert
  • Rebuttal Expert Witness
  • Marketing Expert Witness
  • Adv. Expert Witness
  • Licensing Expert Witness
  • Confusion Expert Witness
  • Secondary Meaning Expert
  • Genericness Survey Expert
  • TTAB Expert Witness