Legal Translation of Foreign Language Trademarks
When applying for a trademark that contains a foreign language term or word, certain issues as to the meaning of the term may arise. This may become an obstacle to successfully obtaining the trademark when the foreign language term has different meanings in different cultures.
If the desired word is or contains in part a foreign language term, as a general rule, the applicant should include a foreign language translation. If a foreign language translation is not included with the record, the examining attorney will most likely inquire into the foreign meaning of the word. 37 C.F.R. Section 2.61(b); T.M.E.P. Section 809.
Further, when making an application for a trademark of a foreign language word, the applicant must specifically indicate whether or not the term has any special meaning in the foreign language. To do this, a foreign language translation made by an experienced patent translator, or, at the very least, someone familiar with the language and its day-to-day use should be used. 37 C.F.R. Section 2.61(b).
To read our earlier legal translation blawg entry “Patent Translations, and Protecting Your Client’s Intellectual Property Both Here and Abroad”, click
And to read “Probative Value of Foreign Language Website Evidence, and Foreign Language Translation”, click here.