Translating The USPTO Case Law On Foreign-Language TMs

Law360 (February 9, 2018, 11:41 AM EST) -- Foreign-language trademarks can be creative, appealing and exotic, but they can carry risks. The primary risk is the application of the doctrine of foreign equivalents.

The Federal Circuit established the foreign equivalents doctrine in Palm Bay, in which it decided that marks composed of foreign words are to be translated into English to determine similarity in meaning and connotation with English word marks. The doctrine itself is very straightforward and leaves no room for interpretation. Its application, however, can be more challenging.

In Palm Bay, to...
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