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When filing your trade marks overseas, it is prudent to consider whether it is necessary to file translations and/or transliterations into the local language/script. A trade mark registration in one language will not automatically give you the right to prevent third parties from adopting a translation or a transliteration of your mark.
As Trade Mark Attorneys in the EU, which has 24 official languages, it is not usual for us to have to think about the similarities and differences between trade marks in multiple EU languages. Over the years, EU case law has developed a body of law surrounding trade marks which are translations of each other in different EU languages in the context of contentious trade mark matters. Perhaps more unusual for us is dealing with transliterations into non-Latin script.
In many countries where a non-Latin script is used, it is common for trade mark proprietors file applications transliterations of their trade mark into the local language script. One reason for this is that in some countries a trade mark registration in Latin characters will not prevent a third party from adopting the transliteration of your trade mark in the local Script. The reason for this is often that the Latin script and local script marks are not considered to be visually, phonetically and/or conceptually similar. This is the position adopted in the EU, China and Russia to name a few examples.
When preparing the transliteration, there are a number of issues you should be aware of, including:
It is always best to seek advice from a native speaker before settling on a transliteration. If you are considering trade mark applications in a country which uses a non-latin script and would like further advice, please contact a member of our Trade Mark team who will be happy to assist you.
Category: Latest Insights | Author: Sarah Neil | Published: | Read more