Yes, marks consisting of foreign wording may be registered as trademarks in the United States. However, under the doctrine of foreign equivalents, the foreign wording may be translated to English when the USPTO examines the trademark application.
What is a certificate of registration?
If the mark is published based upon the actual use of the mark in commerce, or on a foreign registration, and no party files an opposition or request to extend the time to oppose, the USPTO will register the mark and issue a registration certificate about twelve (12) weeks after the date the mark was published.
Can I reserve a mark without actually using it?
Yes. If you have not yet used the mark, but plan to do so in the future, you may file based on a good faith, or bona fide, intention to use the mark in commerce. You do not have to use the mark before you file your application. An “intent to use” application must include a sworn statement (usually in the form of a declaration) that you have a bona fide intention to use the mark in commerce. The applicant will have to file the “Allegation of Use” form to establish the legitimate usage of the mark in commerce.
Why Should a mark be registered?
Trademark registration on the Principal Register provides exclusive rights to prevent unauthorized use of the trademark. The main benefits of registering a trademark are that, it provides: a) constructive notice to the public of the registrant’s claim of ownership of the mark; b) a legal presumption of the registrant’s ownership of the mark and the registrant’s exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration; c) the ability to bring an action concerning the mark in federal court; d) the use of the U.S registration as a basis to obtain registration in foreign countries; and e) the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.