Roswell, GA asked in Copyright and Trademark for Georgia

Q: Does a bilingual company name violate copyrights or trademarks of a company name with the same meaning in one language?

For example, "world" = "mundo" / "happy" = "feliz" from English to Spanish. So, would a company called "Happy Mundo" violate the copyrights or trademarks of a company called "Happy World" or "Mundo Feliz", since they each have the same meaning? And what if Happy Mundo wanted to operate internationally?

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3 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: Yes

The trademark office considers foreign languages and translations when making a determination on whether to approve or not an application.

Consult with an attorney.

1 user found this answer helpful

Allison Higgins
Allison Higgins
Answered
  • Trademarks Lawyer
  • Helotes, TX

A: Yes, you may run into issues. The application for a trademark does require you to disclose whether the words are a translation of another language.

Consult with a trademark attorney for your best chances of success.

1 user found this answer helpful

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: Using "the doctrine of foreign equivalents", the USPTO may determine that one trademark is confusingly similar to another trademark based on direct translation and other factors. Consult with a trademark attorney to assist you.

1 user found this answer helpful

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