As you attempt to argue and present the case for your trademark to a judge or jury, the use of expert testimony can be an effective way to explain complexities. Opinion-based expert testimony is even permissible so long as it assists with determining facts or understanding evidence regarding specialized knowledge. Expert testimony must be relevant and reliable, although it is ultimately up to the court as to whether specific testimony is admissible or not. It is recommended that experts be hired as soon as possible to ensure you are getting the best and to provide guidance and assistance with preparation. Experts providing testimony must also submit a report with all their complete statements and list of materials. The opposing parties must exchange these reports prior to the trial. Experts can also provide depositions. Expert testimony is very useful, but remember it can increase the costs of litigation just like other options such as survey evidence. Defending your trademark is not easy, but obtaining an attorney, experts to provide testimony, and other forms of evidence then you can strengthen your case.
This blog is not legal advice and is not specific to your application. You should always consult an attorney.