Foreign Words Not Considered “Fanciful” in the Trademark World

I often have clients that come to me hoping to trademark a foreign word. While foreign languages can hold great appeal, Applicants are required to disclose the meaning of a foreign word in every application.   Every foreign word is reviewed based on its equivalent in English during prosecution.

For instance, Süß is a German word meaning sweet. If I was to apply for the mark “süß treats” that mark would be examined as if it was “sweet treats”.  The mark may proceed to registration if my services are limited to driveway resurfacing but it would be unlikely to succeed if I tried to register it for candy. This article does a good job of explaining the descriptiveness of foreign words more clearly.

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