Market Survey (Trademark) Law and Legal Definition

Market survey is the research conducted by an independent firm. The survey result is used to support arguments before the U.S. Patent and Trademark Office or civil courts when trying to prove various aspects of trademark viability. A survey can be useful to prove that a mark has acquired secondary meaning, is not generic, is not functional, is legally strong, or is not likely to confuse consumers with regard to an existing trademark. Surveys can also be used to prove plaintiff's lost profits, which is evidence that is very difficult to obtain without a survey.