Yes, as long as the proposed trademark meets the other requirements for registration. U.S. trademark laws do not require that only the English language can be used for trademarks. However, whatever the language, trademarks must meet the legal requirements, including functionality, distinctiveness, uniqueness, etc. For example, every trademark must function as a trademark in that the word, phrase, mark, or logo identifies a unique commercial source for some product or service in the minds of consumers. As an example, TIFFANY and its trademarked blue color identify a unique commercial source for amazing and high-quality jewelry. Thus, a trademark that is a foreign word or phrase must function in the same manner.

There are several famous U.S. trademarks that use foreign words, including VEUVE CLICQUO,T which is a brand of champagne sold by one of the world’s largest champagne businesses. The owner of the brand has sold Veuve Clicquot champagne in the U.S. for decades, if not longer.

There are a couple of extra steps that are needed when applying for trademark registrations when foreign words or phrases are involved.

First, generally speaking, the applicant will need to provide a translation of the foreign word/phrase as part of the application.

Second, the applicant needs to be aware of the Doctrine of Foreign Equivalents. As noted above, trademarks must be distinctive. Among other things, this means that trademarks that are merely descriptive are generally rejected by the Trademark Office. An example might be TASTY FOOD as a trademark for a restaurant. This proposed trademark will be rejected because the trademark is just descriptive of what is being sold.

The Doctrine of Foreign Equivalents applies the same rule to foreign words and phrases. Thus, any foreign translation of “tasty food” would also be rejected because, in the foreign language, the words are just a description of the product or service. Thus, in the past, the Trademark Office rejected a trademark application for FAMILIA DENTAL because it was merely a French language translation of the words “family dental.”

The Doctrine also applies to questions of whether the proposed trademark is “confusingly similar” to an existing trademark. The foreign language word/phrase will be translated into English and compared to existing English trademarks. If there is a confusing similarity, the proposed foreign language trademark will be rejected.

Third, along the same lines, trademarks cannot be registered if they are generic words/phrases that identify a type of product in an industry or market. ZIPPER is a famous example of a fastening product that was once trademarked but became the generic word used by consumers for a type of fastener. Eventually, ZIPPER lost its trademark registration. The same rule will apply to a word or phrase in a foreign language.

Fourth, commonly used words, phrases, and symbols cannot be registered as trademarks. This rule will apply to commonly used words and phrases in the foreign language, too.

Aside from these legal issues, cultural issues should be addressed when considering words or phrases in a foreign language. Are there possible misinterpretations, offensive meanings, or slang uses that might have unintended negative impacts on the trademark?

Contact the Trademark Attorneys at Revision Legal

For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.