Using Foreign Words in Your Trademark

When a Foreign Word Feels Like the Perfect Brand, Until You Start Wondering About the Legal Side

A lot of business owners fall in love with a name long before they think about the trademark process. Sometimes it’s a meaningful word from their family’s heritage. Sometimes it’s a phrase from a language they admire. Sometimes it’s a foreign word that “just sounds right” for the product.

But at some point, almost everyone asks the same question: “Can I actually trademark this?”

That moment is usually when people reach out to experienced intellectual property attorneys. Not because they’ve run into a problem yet, but because they sense that trademark law can be surprisingly technical when foreign-language terms are involved. 

At Horn Wright, LLP, we see this all the time: owners who simply want to protect a name that feels like home, only to discover that trademark law treats foreign words differently than English ones.

Why Foreign Words Are Not Treated Like “Mystery” Terms Under Trademark Law

One of the biggest surprises for business owners is that you cannot hide a descriptive word behind a foreign language and expect it to become trademark-worthy. Trademark law has a very firm rule known as the Doctrine of Foreign Equivalents.

Under this rule, if the average American consumer would likely translate the foreign word into English, even roughly, then the law treats the term as if it were in English.

This means:

• A French word meaning bakery cannot function as a unique trademark for a bakery
• A Spanish word meaning shoes cannot be trademarked for footwear
• An Italian word meaning coffee shop will still be considered descriptive for a café

The logic is simple: a company shouldn’t gain trademark protection for a word that merely describes what the business sells, even if the word is in another language.

This is often the moment where clients sigh and say, “Oh… I didn’t think of that.” And that’s completely normal. Most people don’t know this rule until they’re in the trademark process.

When a Foreign Word Can Strengthen Your Trademark Instead of Weakening It

Here’s the good news: foreign words can make incredibly strong trademarks when used thoughtfully. Some of the most memorable brands in the world rely on foreign language terms because they feel distinctive, elegant, or emotionally rich.

A foreign word can help your trademark stand out when:

• The meaning is not obvious to the average U.S. consumer
• The word is used in a way that doesn’t directly describe your goods
• The term is arbitrary or suggestive rather than literal
• The translation is unrelated to the product’s purpose

For example, a Japanese word meaning ocean breeze might make a strong trademark for candles, even though it would be descriptive for a fan company. Context matters. The meaning matters. And how consumers perceive the term matters most of all.

This is where an attorney becomes essential, not because the law is unfriendly to creativity, but because the rules are subtle and the stakes for your brand are high.

Cultural Meaning, Misspellings, and “Inspired By” Terms

Many business owners choose foreign-inspired names that are not direct translations. Maybe the spelling has been softened, modernized, or merged with English phonetics. Others choose words that evoke a cultural idea rather than a literal meaning.

In these situations, attorneys have to examine how the average buyer will understand the word. Trademark law does not require consumers to be fluent in the language, it only asks how recognizable the meaning is within the marketplace.

Sometimes even a slight spelling twist is enough to avoid the Doctrine of Foreign Equivalents. Other times, the cultural meaning is so well known that the trademark will still be treated as descriptive. This evaluation is part legal analysis, part practical intuition about the marketplace.

How the USPTO Actually Reviews Foreign-Language Trademarks

The United States Patent and Trademark Office has very specific procedures for handling foreign words. Examining attorneys often:

• Translate the term using multiple dictionaries
• Consider how commonly the word appears in English-speaking media
• Evaluate how bilingual consumers interpret the term
• Look at how similar trademarks have been treated
• Assess whether the meaning directly describes the product

Sometimes they even reject an application because a foreign word sounds too similar to an English descriptive term.

This can feel frustrating to business owners, especially when the word holds personal significance. But a strong trademark strategy anticipates these challenges — before the application is filed.

The Emotional Side of Naming a Brand That Trademark Law Doesn’t Always Acknowledge

Brand names feel intimate. Many founders choose a word that reflects their roots, their story, or something they want their business to stand for. When the law pushes back, saying the word is too descriptive, too common, or too easily translated, it can feel a bit like someone shutting down a piece of your identity.

We see this often. People feel disappointed, confused, or even embarrassed, wondering if the name they loved was somehow naïve or “wrong.” It wasn’t. It simply didn’t fit within the narrow technical standards that trademarks require.

That doesn’t mean the name is unusable. It simply means the legal strategy needs adjustment: maybe a slogan is the stronger protectable element, maybe a design mark helps, or maybe minor changes to spelling or pairing the foreign word with another term makes the mark far more defensible.

Trademark law may be rigid, but your branding doesn’t have to lose its soul.

Moving Forward With a Name That Can Be Protected and Still Feels Like Yours

Foreign-language trademarks can be beautiful, memorable, and powerful. The goal is not to discourage creativity, it is to guide you toward a version of the name that the law will actually protect.

At Horn Wright, LLP, our experienced intellectual property attorneys help business owners navigate these decisions with clarity and respect for the meaning behind the name. If you’re considering a foreign word for your brand or you’re unsure whether the name you love can be protected, reach out when you’re ready. 

We’ll help you understand your options and build a trademark strategy that honors both your story and your business.