Translating Trademarks

It is natural to choose trademarks in the operating language of your company, but have you thought about how consumers in countries where the national language differs may read and use your mark?

When choosing a new mark, we would always recommend considering how the mark translates into different languages, at least because sometimes a translation may be offensive or derogatory and not reflect well on your company.

Portfolio Planning

When considering your trademark portfolio, you should look at geographic coverage, and also for which goods and services you expect to use each mark.  To maintain validity of a trademark registration you need to use the mark as registered, for the goods and/or services for which it is registered.  As a result, it is most likely that your trademarks will be used, and therefore should be registered, in the operating language of your company.

However, it is also important to consider obtaining protection for the translation or transliteration of your mark in some jurisdictions. 

When to consider translations

In some countries, with a strong local language that differs significantly from your operating language, it may be that your consumers naturally translate your marks into their own language.  Thus, the market may naturally create a different version of your mark that becomes widely used. For example, Chinese consumers whilst recognising foreign language trademarks, will generally use a Chinese translation of the mark when referring to a brand.  Therefore, if you are active in China, it is most likely to be beneficial to apply to register a translation or transliteration of your mark.

In other jurisdictions, a translation or transliteration is considered a separate mark, and thus can be legitimately registered and owned by another party.  This is most likely to occur in countries that use a different type of alphabet from your operating language, such as Arabic or Cyrillic alphabets, syllabic languages, such as Japanese, and logographic languages, such as Chinese.

Finally, in some jurisdictions, such as in Quebec in Canada, there are local regulations regarding use of the regional language in branding and marketing materials.  Whilst it may not be a requirement to use a translation of your trademark, it could be necessary to translate descriptive and non-distinctive branding elements into the local language. 

What about use?

Like any registered trademark, to maintain validity, you will need to use the translation or transliterations of your marks for the goods and/or services for which they are registered.  Generally, this can be use alongside the mark in your operating language, but when considering protection translations/transliterations of your mark, you should also consider how you will use these marks to maintain validity of your registrations.

We are always happy to assist you in reviewing your trademark portfolio, so feel free to get in touch today.