Trademarking Chinese Words

Home | China Law Blog | Trademarking Chinese Words Table of Contents Toggle For some brands, trademarking Chinese words or phrases might hit just the right note in terms of image. BBQ pork buns sound appetizing, but describing them as char siu bao provides a special touch. And for established brands from the Chinese-speaking world, Chinese words may already be an indelible part of their identity. Yet the use of Chinese words—indeed any foreign words—raises certain issues when it comes to registering trademarks in the United States. The Doctrine of Foreign Equivalence When trademarking foreign words, brands must keep in mind the USPTO's doctrine of foreign equivalents. According to this doctrine, "a foreign word (from a language familiar to an appreciable segment of American consumers) and the English equivalent may be held to be confusingly similar." Likelihood of confusion is grounds for refusal of a trademark registration application, under Section 2(d) of the Trademark Act of 1946. 15 U.S.C. § 1052(d). One example is the marks TEA and CHA, with the latter being the transliteration of—among others—the Chinese character 茶 ("tea"). Those two marks are confusingly similar, if they describe related goods. As for the qualification that the foreign word must be "from a language familiar to an appreciable segment of American consumers," Chinese easily meets that standard. And if you want to get technical, that would be the case for Mandarin and Cantonese standing alone, and possibly other Chinese languages as well. In the past, USPTO has found that languages spoken far less in the United States than Mandarin and Cantonese are nonetheless "commonly spoken" in the country. Fancy Chinese Words Won't Make Your Mark Fanciful When trademarking Chinese words, similarity to English marks that have the same meaning is just one potential issue. While a Chinese word may have an exotic ring to most American consumers, USPTO may consider it to be a generic description of the goods and services in question. The Trademark Act prohibits the registration of marks that are "merely descriptive." 15 U.S.C. § 1052(e) An example of a descriptive mark in this context is, again, CHA, if used to identify tea. On the other hand, if CHA is used to identify gardening services or batteries, its registration should face no problems on descriptiveness grounds. What About Trademarking Chinese Words? To be fair, cha is a better known Chinese word than most, in part because it (and derivatives like chai) means "tea"—itself a word of Fujianese origin—in many languages around the world. American consumers are also exposed to the word thanks to brands like Gong Cha. But what about trademarking a more obscure Chinese word? Or what if the trademark includes actual Chinese characters? Is USPTO really going to translate them? Translation of Chinese Words in Trademark Applications When examining an application to trademark a foreign word, USPTO does not need to translate it, as that is something the applicant must do. According to federal regulations, trademark applications must include English translation of any non-English wording. 37 CFR § 2.32(a)(9). In the case of non-Latin characters, both a transliteration and a transliteration must be provided. 37 CFR § 2.32(a)(10). One example of a mark in Chinese that illustrates both of these requirements was registered by Din Tai Fung in 2021. The mark includes both the restaurant's name in Chinese characters and their transliteration. According to the registration, The English translation of 'DIN TAI FUNG' in the mark is 'tripod is calm and rich.' The non-Latin characters in the mark transliterate to DIN TAI FUNG and this means tripod is calm and rich in English. Word to the Wise: Don't Get Cute with USPTO Not surprisingly, applicants sometimes try to pull a fast one on USPTO when trademarking foreign words, claiming a particular word has no meaning in a foreign language, or translating it in a way designed to facilitate the registration. However, as we've pointed out, federal officials can and do rely on the internet when they're doing their job. So if you want to argue that your BEZAU mark is just something fanciful you came up with for your craft beer, go for it—just don't be surprised if USPTO calls you out. Check Out Our China Law Services Share Twitter Facebook LinkedIn E-mail Comment Fred Rocafort Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s. Harris Sliwoski Attorney Read more posts [email protected] Read More Intellectual Property (IP) Related Posts September 15, 2026 Your AI-Drafted China Contract Says It Needs a Lawyer. Listen to It. September 11, 2026 Forensic Accountants in China Business Litigation: How True Numbers Can Tell the Wrong Story September 4, 2026 China NNN Agreement or Trademark Registration? You Usually Need Both September 1, 2026 AI Didn't Replace Lawyers. It Gave Us the 48-Page Contract. August 27, 2026 Do I Need a China NNN Agreement or a China Manufacturing Agreement? Usually Both. 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