Trademark Surveys

Applied Marketing Science (AMS) is a trusted source of survey design, execution, data analysis, and expert testimony for use in disputes involving alleged trademark or trade-dress infringement. Our trademark experts are experienced in conducting consumer surveys for litigation and have a strong understanding of the legal standards for survey research in both Lanham Act litigation as well as TTAB proceedings.

Our trademark experts are rigorous in designing and analyzing consumer surveys for trademark infringement, from the identification of the survey population and development of control stimuli to the design of question format and wording and the selection of the proper statistical analysis. We focus on developing questions that are not leading or biased, selecting control stimuli that properly isolate the allegedly infringing elements at issue, and ensuring that the questionnaire closely approximates marketplace conditions of purchase or post-purchase situations.

For more than three decades, AMS has provided consumer surveys for trademark infringement cases involving:

• Likelihood of Confusion
• Secondary Meaning
• Dilution
• Genericness

Learn more about the history of surveys in litigation, applications of surveys in litigation, survey design considerations, critical issues and survey benefits. Read the Resource.