Acquired Distinctiveness Surveys

Trademarks differ in how distinctive they are. Inherently distinctive marks receive strong protection, while marks that are not inherently distinctive often need more evidence.

Through extensive promotion and use, such a mark may gain acquired distinctiveness. The key research question is whether relevant consumers associate the designation with a single commercial source. Consumer surveys can provide direct evidence of that association.

Color

A color that isn’t inherently distinctive may qualify once consumers link it to one source.

ExampleTiffany & Co. “robin’s egg blue” packaging

What a survey can showSurveys can measure whether a color has acquired distinctiveness.

Sound

A sound can work as a mark when it is strongly associated with a brand.

ExampleThe MGM lion’s roar, or a familiar commercial jingle

What a survey can showSurveys give data on whether a sound identifies a single source.

Scent

A scent may be distinctive when it is uniquely tied to a brand or product.

ExampleThe scent of Play-Doh

What a survey can showPeople don’t perceive scent visually, so surveys are especially useful for showing the link between scent and source.

Motion

An animation or moving logo may identify a source once it is widely recognized.

ExampleThe Pixar lamp sequence

What a survey can showSurveys can measure whether the motion has acquired distinctiveness.

Hologram

A hologram may be distinctive when it identifies a brand.

ExampleSecurity holograms on certain credit cards

What a survey can showSurveys can show whether consumers see the design as an indicator of source.

Texture

A unique surface feel linked to a brand can function as a trademark.

ExampleA soft-touch luxury product, or a specific grip pattern

What a survey can showSurvey research can test whether consumers recognize the texture as a brand identifier.

Shape (3D)

A product’s shape or packaging, known as trade dress, may qualify when consumers link it to one source.

ExampleThe Coca-Cola bottle

What a survey can showSurveys can show whether the public ties the shape or packaging to a single source.

Pattern

A specific design can become a source indicator once it is widely recognized.

ExampleBurberry plaid

What a survey can showSurveys can measure whether relevant consumers associate a pattern with a single source.

How much will a survey cost?

Every study is built around the needs of the case, so the cost depends on the design.