Delivering reliable survey evidence of genericness.
Companies may not have trademark rights to names or design elements that are considered generic. In intellectual property disputes, genericness surveys can help determine whether consumers see a term as a brand name or a generic name. These surveys are also valuable in trade dress litigation.
At IMS, our litigation surveys and consumer science experts have extensive experience designing and defending genericness surveys in federal courts, before the USPTO’s Trademark Trial and Appeal Board (TTAB), and in other legal venues. Our team can also rebut genericness surveys submitted by opposing expert witnesses.