Foreign-language brand names may be refused by the USPTO when trademark doctrines render them descriptive, generic, or confusing in English-speaking markets. Trademark examiners assess whether consumers familiar with the foreign language would perceive the mark's meaning and whether that perception affects registrability. Choosing foreign-language marks requires evaluating translations, pronunciation, marketplace familiarity, and potential conflicts with existing marks. Risk mitigation strategies include researching linguistic meanings, consulting native speakers, assessing descriptiveness and distinctiveness, preparing disclaimers or translations, and gathering evidence of acquired distinctiveness when necessary.
You came up with a clever brand name in a foreign language-great!
But did you know it might be refused by the USPTO?
In this episode of The Briefing, Scott Hervey and Richard Buckley break down what a doctrine is, how trademark examiners apply it, and other important considerations for choosing foreign-language marks.
Watch this episode on YouTube or listen to this podcast episode here.
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