809.03 Printing of Translations and Transliterations
Generally, non-English wording in a mark must be translated into English and the translation (and transliteration, if applicable) must be printed in the Official Gazette and on the registration certificate. A statement that a term has no meaning in a foreign language also should be printed.
Sometimes, translations that are not precise, or that give a variety of meanings, are placed in the record. While all possible translations, and discussions relative to meaning, are useful for informational purposes, not all such matter is appropriate for printing in the Official Gazette or on the certificate of registration. Only a translation that is the clear and exact equivalent (see TMEP §809.02) should be printed. This normally means only one translation, because the existence of a variety of alternative translations, or the necessity of including explanatory context, usually indicates lack of a clearly recognized equivalent meaning.
If an applicant submits a translation that is too verbose or vague to be appropriate for printing, the examining attorney must require a clear, concise translation. The transliteration of non-Latin characters, if any, must be included in the statement to be printed. If necessary, the examining attorney should rewrite the statement via an examiner’s amendment and ensure that the Trademark database is updated accordingly.
Example: The translation statement contains the proper translation, but the statement is not suitable for printing because it is too wordy. If the examining attorney is only "reformatting" the applicant’s statement without changing the substance, the examining attorney should rewrite the translation statement into a simple, clear statement as to meaning, issue a "no-call" examiner’s amendment (see TMEP §707.02), and ensure that the Trademark database is updated accordingly.
Example: The translation statement is vague or is otherwise in need of clarification in order for the statement to be clear and concise. The examining attorney should contact the applicant and suggest a simple, clear statement. If the applicant agrees to amend the translation statement as suggested, the examining attorney should issue a regular examiner’s amendment, and ensure that the Trademark database is updated accordingly. If the applicant and examining attorney cannot agree on wording, the examining attorney must issue an Office action to resolve the issue.
One of the following statement formats should be used, as appropriate:
The English translation of the word "__________ " in the mark is "__________"
The English translation of the __________ word "__________" in the mark is "__________"
The English translation of "__________" is "__________"
The wording "__________" has no meaning in a foreign language
The non-Latin characters in the mark transliterate to "__________" and this means "__________" in English
The __________ characters in the mark transliterate to "__________" and this means "__________" in English
The non-Latin characters in the mark transliterate to "__________" and this has no meaning in a foreign language
All information in the "Translation" and "Transliteration" fields in the application record will automatically be printed in the Official Gazette and on the certificate of registration. Accordingly, the examining attorney must ensure that the translation or transliteration is entered into the Trademark database. When an examining attorney determines that a translation should not be printed because it is unnecessary, the examining attorney must ensure that the translation is deleted from the Trademark database, and enter a Note to the File in the record indicating that the translation has been deleted. The document containing the information deleted from the Trademark database will remain of record for informational purposes. See TMEP §817 regarding preparation of an application for publication or issuance.