FREQUENTLY ASKED QUESTIONS Do Trademarks Protect Their Foreign Equivalents

Can your trademark in English prevent the registration of a similar trademark in a different language? Perhaps, but the rules vary from country to country.

Generally, these rules only consider languages that a significant segment of the population in that country speaks.

The consideration is whether enough people will understand that the translated version is the same or very similar to the other previously registered trademarks.

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Canada and the US

For instance, this is straightforward in Canada because there are two official languages, French and English. Anything you file in English will automatically cover the French version.


This can make for some challenging trademark searches because you must look at synonyms not only in one language but two.

In the United States, it is prudent to look into Spanish versions even though Spanish is not the official language of the US. However, it is common for the United States Trademark Office to give some weight to Spanish-language trademarks.


The Process

When the trademark office weighs whether two marks are confusingly similar, they don’t just look at the words for how they appear or sound. They also consider the meaning and whether it is identical. They will sometimes give weight to the purpose in different languages.


But should the name, word, or phrase be from an utterly obscure language that very few citizens of that country speak or understand, any claim that your English mark also covers this unknown language is usually insufficient.


Summary

If you are using a localized or different language version of your mark, make sure that you register your trademark in that language. Do not assume that your English or French language trademark will automatically protect other versions of that name.


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We will do all the work to file your trademark application, respond to any challenges like office actions, and keep you in the loop as we shepherd your application to its ultimate approval.

Contact us today, and start working with our professional trademark attorneys and staff to protect your brand and grow your business.

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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.