Making Non-English Trademarks Work
One of the lesser known rules of trademark registration is the so-called, “Doctrine of Foreign Equivalents.” Under the Trademark Manual of Examining Procedure (TMEP), in examining for genericness or descriptiveness, the Examiner is directed to first translate foreign words or phrases, and then to compare that translation to existing marks. The rule states, “Words from modern languages are translated into English to determine descriptiveness or genericness… The test is whether, to those American buyers familiar with the foreign language, the word would have a descriptive or generic connotation.” TMEP 1209.03(g). This rule has been recognized by the courts for more than 80 years.