Trademark Translation
Trademarks are crucial for protecting your business’s identity and preventing others from misusing your brand elements, whether it’s a phrase, logo, or word. But what happens when you need to translate that phrase into different languages for global markets, and can you trademark a translated phrase?
In this article, we explore the importance of trademarks, the process of filing one, the challenges of translating a trademark, and how global brands have navigated these hurdles, including examples like KFC’s famous “Finger Lickin’ Good” slogan in China.
Why Are Trademarks Important for Your Business?
Trademarks are a fundamental way of protecting your business’s intellectual property. They prevent competitors from using identical or confusingly similar brand elements, ensuring that customers can easily identify your products or services. Whether it’s a phrase, slogan, logo, or symbol, securing a trademark grants you exclusive legal rights.
Take the clothing brand Superdry, for example. Superdry had to spend significant resources to acquire the rights to its name in China after discovering a local company had already trademarked “Superdry.” Such cases highlight the critical need to proactively file trademarks internationally.
Trademark vs. Copyright: What’s the Difference?
Many businesses confuse trademarks with copyrights, but they serve different purposes. A trademark protects brand elements like names, logos, and slogans, while a copyright protects original creative works like music, literature, and films.
For example, KFC’s “Finger Lickin’ Good” is trademarked as part of the brand’s identity, but any commercials featuring that phrase would also have copyright protection for the creative work behind them.
What Is a Trademark?
A trademark is a legally recognized sign, phrase, word, or symbol that distinguishes your business from others. When you file for a trademark, you gain the exclusive right to use it in commerce. The filing process generally includes:
- Trademark research: Searching a trademark database to ensure the phrase you want to trademark isn’t already in use.
- Trademark filing: Submitting your application to the relevant trademark registry.
- Publication: The trademark is publicly posted, allowing others a chance to oppose it.
- Approval: If no opposition is raised, your trademark is granted full legal protection.
For instance, the French fashion brand Lacoste successfully defended its iconic crocodile logo in a trademark battle against a company in the Philippines. Registering the trademark in multiple countries was vital to protecting Lacoste’s brand identity globally.
Translating a Trademark: Challenges and Requirements
When expanding internationally, businesses often need to translate their trademarks. In countries like China, trademarks must often be translated or transliterated into the local language. This can present significant challenges, as certain phrases or symbols can take on different meanings in translation.
One famous example is KFC’s “Finger Lickin’ Good” slogan. When KFC entered the Chinese market in the 1980s, the slogan was mistranslated as “Eat your fingers off.” This error not only made the slogan unappealing but also underscored the complexities of translating brand messages across cultures. Fortunately, KFC quickly corrected the translation, and despite the initial blunder, it didn’t harm the brand’s growth. By 2011, KFC held a commanding 40% market share in China’s fast-food industry, proving that even significant mistakes can be overcome with timely adjustments.
This example illustrates the critical importance of properly managing trademark translation, especially for slogans that rely on idiomatic expressions. A mistranslation could drastically alter a brand’s perception in new markets.
Can You Trademark a Word That Is Translated?
Yes, you can trademark a word that is translated, but the process requires careful attention to linguistic and cultural nuances. When filing an international trademark, businesses often need to consider how their phrase or name translates in different languages to avoid unintended meanings.
Take Coca-Cola, for example. When entering China, Coca-Cola’s name was initially translated into something that meant “bite the wax tadpole,” a far cry from the brand’s intended image. After extensive research and testing, Coca-Cola settled on “Ke-Kou-Ke-Le,” meaning “tasty fun.” This case emphasizes the need for businesses to work with experienced translators who understand both the language and the cultural context of the target market.
Another brand, Pampers, faced issues in Japan with their English to Japanese translation, where the term for “diaper” carries specific cultural connotations. Pampers had to adjust its branding to ensure the local market understood the product’s purpose, without any negative interpretations.
How to Translate a Trademark Correctly
When translating a trademark, especially for complex languages like Chinese, it’s not just about literal accuracy. The translation must reflect the company’s DNA, values, and overall vision. Brands need to think about how their name or slogan will be perceived culturally, as well as linguistically.
New Balance, for example, struggled with its trademark in China due to a transliteration issue. A local company had already registered the phonetic equivalent of “New Balance” in Chinese, leading to legal battles over which company had the right to use the name. Despite this setback, New Balance continued to thrive in the market after finding alternative ways to protect their brand. This would never have happened with VEQTA’s English to Chinese translation.
Translating a trademark name requires collaboration between the translator and the business to ensure the final result aligns with the brand’s identity and resonates with the target audience.
Trademarking a Translated Phrase
Yes, you can trademark a phrase, provided it is distinctive and not purely descriptive. However, when translating the phrase for international markets, it’s critical to ensure that the translation carries the same meaning across languages and does not introduce confusion or negative connotations.
For example, Pepsi’s slogan “Come Alive with the Pepsi Generation” became infamous in China when it was translated to mean “Pepsi brings your ancestors back from the dead.” This misstep showed how even large companies can face translation challenges when expanding internationally, especially with phrases that have multiple meanings.
Trademarks are essential for protecting your brand’s identity, and translating a trademark adds complexity to that process. Working with experienced trademark attorneys and conducting thorough trademark research can help ensure your brand is protected globally, even in complex linguistic