Why it is necessary to evaluate the non-English meaning of trademarks?
2007/// Filed in: Trademark Law
When choosing a trademark based on an English word or group of words, it is necessary to evaluate non-English translations of the trademark because these may be considered confusingly similar to registered trademarks in other languages. Similarly, word marks in languages other than English must also be evaluated carefuly since consumers in the United States may be familiar with marks that match the English equivalent of the foreign term. For instance, consider a company that has registered the mark "Arrow" in the United States. If another company tried to use the mark "Flecha" (the Spanish translation of Arrow) this may pose a problem (e.g. Red Bull and Toro Rojo).
In addition to the legal issues associated with potential translations of trademarks, there are also important marketing considerations involved. For instance, a direct translation of an English word to another language may have a different meaning. A classical example used to illustrate this concept is the use of the mark Nova for an automobile since the term Nova sounds as the words meaning of "no-go or doensn't go" in Spanish.
Reference:
[1] Stim, R. "Intellectual Property. Patents, Trademarks, and Copyrights" West Legal Studies.
[2] Black's Law Dictionary 5th ed., (West Publishing, 1979).
In addition to the legal issues associated with potential translations of trademarks, there are also important marketing considerations involved. For instance, a direct translation of an English word to another language may have a different meaning. A classical example used to illustrate this concept is the use of the mark Nova for an automobile since the term Nova sounds as the words meaning of "no-go or doensn't go" in Spanish.
Reference:
[1] Stim, R. "Intellectual Property. Patents, Trademarks, and Copyrights" West Legal Studies.
[2] Black's Law Dictionary 5th ed., (West Publishing, 1979).