Protecting your client’s interests with reliable consumer surveys.
Some brands and companies are instantly recognisable from the trade mark, or get-up of their products or services. When a significant proportion of the relevant public associates a trade mark or get-up with only one source, it has acquired distinctiveness.
Acquired distinctiveness surveys measure whether consumers associate a specific trade mark or get-up with a single source, and, if so, they also ask for the name of that source. These findings help establish or refute claims that the asserted trade mark or get-up has acquired distinctiveness in the marketplace, strengthening the trade mark owner’s ability to rely on and enforce its intellectual property rights.
At IMS, our consumer survey experts design and conduct reliable acquired distinctiveness surveys grounded in decades of experience and established best practices. We also provide rebuttal of opposing acquired distinctiveness surveys, helping clients bring thestrongest arguments to court or tribunal in trade mark disputes.