Questionnaire surveys to establish proof of the ability to acquire distinctiveness through use have started to become commonplace as new types of trademark protection have commenced. In recent years it has become easy and inexpensive to conduct surveys on distinctiveness via the internet, whereas in the past these surveys had to be carried out in person, such as on shoppers at shopping malls. 

However, in some cases these surveys are carried out without due care and they fail to establish evidence of distinctiveness. There are significant differences between surveys conducted to establish proof and surveys conducted as part of marketing research, and without understanding this, the findings from expensive surveys cannot be put to effective use. It is vital to not only ask questions about consumer perceptions and behavior, but also to ask questions that allow an in-depth understanding of market realities. The same applies not only to trademarks, but also to consumer surveys for disputes and litigation concerning various legal issues such as patents and issues under the Unfair Competition Prevention Act. 

Naoya Kaneko of NERA has been involved in using surveys to establish proof in numerous cases to help solve various problems in the field of intellectual property. In this seminar, he explained in detail the issues that corporate officers in charge of intellectual property, patent attorneys and lawyers need to consider.