Genericness

MMR Strategy Group conducts surveys to measure the primary significance of a disputed name or trade dress, i.e., whether the majority of consumers believe that a name or trade dress is a brand name or a generic name. MMR Strategy Group surveys measure genericness in matters before federal courts, the TTAB, and other venues, using the Teflon or Thermos survey formats. We tailor each genericness survey to the unique circumstances of the underlying trademark or trade dress dispute.

What Are the Components of the Three-Part Teflon Survey Format?

The Teflon genericness survey explains what is meant by terms such as “common or generic” and “brand,” and provides examples of each. The measurements from a genericness survey can be used to evaluate whether or not the trademark or trade dress is considered to be a brand name or design, or common or generic. Teflon genericness surveys often use a three-part format:

1. Explanations and Examples: The Teflon genericness survey explains what is meant by terms such as “common or generic” and “brand,” and provides examples of each.
2. Mini Test: The Teflon genericness survey next verifies that respondents understand the explanations by asking respondents to classify a few terms (for example) as a generic name or a brand name.
3. Main Test: Finally, a Teflon genericness survey asks respondents to classify the name at issue as common or generic, or a brand. For comparison, a Teflon survey typically also measures the genericness of other terms.