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Intellectual Property and Commercial Court


2014 Xing Shang Su Zi No. 83

Decision No. 2014 Xing Shang Su Zi No. 83
Date November 6, 2014
Decision Highlight

A consumer survey must meet tests of validity and reliability in order to reflect the reality of the market. In order to avoid leading the questions, first, a well-designed bottle distinctiveness questionnaire should filter the questions to make the population as a whole representative and to let the results be valid. After that, it should design the main questions progressively based on related consumers' cognition. Finally, it is necessary to conduct the survey by comparing the bottle with the other competing and homogenous product so that the reality of trading in the market can be more specific and intelligible. Furthermore, in order to control the validity of the questionnaire’s intervening variables, psychological associations set up checkpoints to eliminate the consumers who didn’t treat it seriously to answer the questions. In order to obtain precise answers, it is necessary to enquire whether the respondents meet the criteria. The respondents who have the willingness to be interviewed and meet the criteria will eventually answer the main questionnaire. Moreover, in order to avoid the consumers expecting the intended purpose of the designer, resulting in answers which are not objective, the designer has to choose two competing products to get rid of the bias resulting from social desirability.


Consumer survey

Relevant statutes Examination Guidelines on Distinctiveness of Trademarks
  • Release Date:2020-11-16
  • Update:2020-12-07