Global Legal Translation Solutions and the Issue of Invalidated Trademarks

We’ve blogged about trademark translation services in the context of trademark applicant’s bona fide intent to use, as well as legal translation and legal interpreting solutions in view of China’s copyright laws.

One of the many duties of the US Customs and Border Protection (CBP) is to search and seize counterfeit products and those that otherwise infringe on the intellectual property rights of the original goods manufacturer. They do this via the Intellectual Property Rights e-Recordation (IPRR) System, where trademark and copyright owners register their rights. Via this system, a company or person importing goods into the United States can check to determine if any of the products they plan to import actually violate the intellectual property rights of someone else.

As a side note, since foreign importers will be using the system, it is important that all rights are registered in English and contain a foreign language translation pertaining to any global markets that the product targets.

The major issue with this system is that intellectual property rights are not absolute. In other words, they can be challenged in courts and, depending on the outcome, a trademark can be cancelled. This is a lengthy process that can delay imported products from making it to market in a timely fashion. If your client is an importer, to avoid this situation it is important to do the research in advance to identify any possible issues with the help of a professional legal translation company and make the necessary adjustments and challenges before the importation.

Up Next: Worldwide Legal Translation and Tips for Complying with the Foreign Corrupt Practices Act