INTA: Surveys in Prosecuting a Trademark Application?

the next time you are faced with a distinctiveness rejection or a likelihood of confusion refusal, don’t limit yourself to the usual tools of the trademark prosecution trade. An inexpensive variation of the “formal� survey could include evidence of the applicant’s distributor and/or client opinions? Examples questions in support of distinctiveness might include “How long have you distributed this product under the XYZ trademark?� and “Are you an exclusive distributor or do others distribute this product?� Similarly, the trademark practitioner might submit testimonials from several of the client’s distributors who handle similar goods for several companies, stating that the client’s mark is distinctive in the trade.