Sociological Survey as Evidence of Acquiring Distinctiveness of Designations Claimed as Trademarks

The paper examines the role of sociological survey as one of the key pieces of evidence of acquired distinctiveness of trademarks. Particular attention is given to the law enforcement practice of Rospatent and the Intellectual Property Court, as well as methodological approaches to recognizing a sociological survey as objective, reliable, and admissible evidence. The main principles of formulating questions for sociological research are highlighted: the principles of neutrality, consistency and objectivity. It is essential that during a sociological survey, questions do not lead respondents to a specific answer and do not distort their natural perception. Consistent formulation of questions means arranging them in a logical order that facilitates objective and independent responses. Questions should be formulated without evaluative judgments and should not be presumptive, in order to avoid leading respondents to a predetermined answer. Proper sampling, question order, data collection and processing methods will increase the likelihood that the results will be most representative. It is recommended to develop a list of standard questions for respondents taking into account law enforcement practice in order to exclude the presence of leading and inclining questions. 

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