Secondary meaning is achieved when relevant consumers come to identify a mark with a certain product or service over time. When this happens, a descriptive mark that a business would not have been able to register initially, because it related to the class of products and not the specific brand, may achieve protected trademark status.
A secondary meaning survey typically seeks to assess whether relevant consumers associate a trademark or trade dress with a single source. If relevant consumers associate the mark with a single source (rather than associating the mark with the class of products as a whole), this provides strong evidence that the mark has acquired secondary meaning.
Rhonda Harper - Expert Witness
Rhonda Harper is routinely retained to formulate expert surveys, conduct rebuttal critiques, or construct rebuttal surveys to show the potential difference in results with properly designed and executed surveys. She has extensive experience and a deep understanding of survey design, sampling, question construction, data analysis, and methodological pitfalls that introduce bias or systematic error.
Located in Dallas, TX, Rhonda Harper has been retained by 95+ law firms since 2005. With a focus on Trademark and Trade Dress Infringement, Misleading and Deceptive Advertising, Licensing, and Commercial Reasonableness cases, Rhonda Harper has conducted hundreds of research studies, including 50+ Likelihood of Confusion and Secondary Meaning surveys. She has been deposed ~50 times and served in ~20+ trials and arbitrations.