Trademark Similarity Throughout Languages – Harris Bricken Sliwoski LLP
3 min read
Trademark similarity is the most typical motive for logos to be denied registration. That is true in each China and the U.S. And guess what, your trademark might be thought-about just like one in a unique language, together with Chinese language.
If the that means of a Chinese language trademark and an English (or different non-Chinese language) trademark is identical, China Nationwide Mental Property Administration (CNIPA) trademark examiners are directed to seek out that trademark similarity exists. One instance given within the CNIPA examination tips for instance this are the marks 红&黑 and ROUGE ET NOIR. The that means of each is “pink and black”.
However, if the that means of the marks is completely different, the truth that they might sound alike doesn’t give rise to trademark similarity. An instance given within the examination tips is the marks 福达 and FUDA. In pinyin, China’s official romanization system, 福达 is transliterated as fuda. Nevertheless, in circumstances like this, the CNIPA examination tips present that no trademark similarity exists.
Understanding Linguistic Nuances and Pronunciation
At first look, this would possibly seem to be a recipe for confusion, with two registered marks having the identical pronunciation. However do they actually? Greedy these linguistic nuances is significant; logos that sound comparable would possibly confuse customers, diluting a model’s distinctiveness and probably resulting in misplaced gross sales or authorized disputes. Understanding how pronunciation varies throughout completely different dialects may help manufacturers strategically select names that stand out clearly of their goal markets.
Mandarin, China’s official language, has a normal pronunciation and transliteration into the Latin alphabet. However there are tens of millions of individuals in China who don’t communicate Mandarin, and lots of of tens of millions that talk each Mandarin and a number of different Chinese language languages, corresponding to Cantonese. The mark HOLOK wouldn’t sound like something recognizable to a Mandarin-speaker, however for the greater than 100 million Cantonese-speakers it might sound like 可乐, which is slang for Coca-Cola. In contrast, the Mandarin pronunciation of 可乐 is mostly transliterated as kele.
This strategy is mostly in line with the American one. USPTO won’t contemplate FUDA and 福达 to be confusingly comparable, despite the fact that it would contemplate FUDA to be confusingly just like FOODA. Nevertheless, USPTO does require an software for a mark in Chinese language (or different non-Latin script) to determine the that means of the mark. Underneath the doctrine of foreign equivalents, probability of confusion can exist between an English-language mark and a non-English one whose meanings are comparable. Circumstances cited by USPTO in its Trademark Handbook of Analyzing Process (TMEP) embody In re Am. Security Razor Co., 2 USPQ2d 1459 (TTAB 1987), which discovered the trademark similarity existed between BUENOS DIAS and GOOD MORNING. In one other case, In re Hub Distrib., Inc., 218 USPQ 284 (TTAB 1983), it was held that EL SOL and SUN are confusingly comparable.
Strategizing for the Chinese language Market
When crafting a China trademark technique, manufacturers want to think about whether or not their foreign-language logos have an identical that means to a registered trademark (or one for which a registration software is pending) in Chinese language. Chinese language marks that merely sound like theirs, nonetheless, are unlikely to current an issue.
Logos are the guts of a model’s id, and understanding how logos work throughout completely different nations, like China and the U.S., is essential. For companies aiming to make a world impression, defending that id via sensible trademark methods is a should. At all times keep in mind: a robust model is a protected model.
Conclusion
Manufacturers seeking to enter and thrive within the Chinese language market ought to do the next to guage Chinese language and English language logos:
- Seek the advice of bilingual trademark attorneys who perceive linguistic and authorized nuances. Refined however essential points can emerge in translating and transliterating between writing programs. Consultants can spot potential pink flags upfront.
- Do complete trademark searches in each English and Chinese language.
- Develop your Chinese language logos purposefully, not simply by way of translation. Transferring past direct translation permits customization of robust Chinese language marks that embody your model’s essence whereas minimizing battle with present marks.
By following these finest practices, you possibly can craft your Chinese language model identities and logos to maximise enforceability and model safety in a cross-linguistic authorized surroundings.
