Trademark Translation for USPTO Applications

The translation statement

If a mark contains any word that is not English, the USPTO needs to know what it means. The application includes a translation statement in a standard form, for example: "The English translation of SOLE in the mark is SUN." If the word has no meaning in any language (a coined term), the statement says so: "The wording ZORVEX has no meaning in a foreign language." If the mark uses another script (Chinese, Cyrillic, Arabic, Devanagari), the application also gives a transliteration into Latin letters, and a translation if the transliterated word has a meaning.

Why accuracy matters

Examiners use the translation. Under the doctrine of foreign equivalents, a foreign word is treated as its English meaning when deciding whether the mark merely describes the goods or is confusingly similar to an existing mark. A translation that is too literal can make a mark look descriptive; one that is too loose can hide a conflict that surfaces later in an opposition. Words with several meanings should be translated with all relevant ones, and we tell you which ones an examiner is likely to pick.

What we provide

• The English meaning of each non-English word, with the language identified.
• A standard transliteration for non-Latin scripts (for example, Hanyu Pinyin for Chinese, without tone marks unless you want them).
• Draft translation and transliteration statements in TMEP wording, for your attorney to file.
• Notes on slang, regional meanings and wordplay that might affect examination.

Foreign registrations and office actions

Madrid filings and foreign oppositions bring documents in other languages: foreign registration certificates, office actions, opposition notices and evidence of use. We translate them in full for your attorney, with dates and deadlines highlighted in the cover note.

Copyright registrations

A work in another language can be registered with the Copyright Office as it is. If you also register a translation, the translation is a derivative work, and the application identifies the preexisting material.

Words with several meanings

Some words have more than one meaning, or different meanings in different countries. The translation statement gives the meaning relevant to the goods, but examiners may consider others. We list the main meanings, note regional differences (a word harmless in Spain may be slang in Mexico), and say which one is most likely to be treated as the English equivalent, so your attorney can decide how to word the statement.