Using Translation as a Tool to Protect Your Brand

In the August edition of Authentication & Brand News™ we looked at how revisions to China’s trademark laws are offering greater protection to foreign brands.

A recent article in World Trademark Review ¹ argues that translating a brand’s name into Chinese is not only a requirement in many cases but has the effect of reducing confusion in the market and can be important in protecting the brand against malicious attack.

In short, creating a Chinese brand name specifically for the Chinese market allows easier identification, recollection and promotion.

Chinese consumers find it easier to identify brand names in the Chinese language as, obviously, it is in their native tongue, which makes it easier to identify and pronounce.

Moreover, each Chinese character has its own specific meaning; therefore, regardless of whether the product is targeted at the general public or a certain demographic, consumers will immediately make different associations when they see the Chinese name.

Protecting the brand

But it’s not just that a good Chinese translation can promote the brand to increase its popularity; there should also be early registration of the translation to avoid pre-emption, confusion and misunderstanding.

There is a possibility that when the owner of a foreign brand name finds that a Chinese brand name is needed, all relevant Chinese names have been registered by others. In that case, it may be difficult to revoke those Chinese names through legal measures, and the only option available may be to buy the Chinese brand name.

A less obvious threat to the brand comes from the practice of Chinese consumers who create nicknames for foreign brands. If a foreign brand does not have a corresponding Chinese brand name and consumers find it difficult to pronounce the original name, consumers may proactively give the brand a nickname that makes fun of the foreign language pronunciation.

If someone, not associated with the brand, then registers and uses the nickname for a similar product, it can bring confusion and misunderstanding of the source of the product and increase the risk of the nickname being used to manufacture fake and inferior products.

Requirement for imported goods 

When imported goods are declared at customs, they must indicate the product name, factory name and address in Chinese. Some commodities (eg. food, cosmetics, auto parts and clothing) require both the Chinese product name and the Chinese brand name.

At the same time, according to Chinese product quality law, imported products must have a Chinese brand name when they are sold on the market; therefore, having a Chinese name for the foreign brand is a necessary condition for entering and selling products in the Chinese market.

Avoiding confusion

Confusion refers to the use of two brands on the same or similar goods or services that subsequently misleads the relevant consumer demographic in respect of the source of the goods or services.

In determining the possibility of confusion, the distinctiveness and the popularity of the former brand should be considered; therefore, it is particularly important to retain evidence of use to prove the popularity of the Chinese brand.

The use of a brand refers to the use of a trademark on commodities, commodity packages or containers and commodity trading documents, or the use of a brand in advertising, exhibitions and other commercial activities to identify the source of commodities.

To help build a case against confusion in the market, evidence reflecting the sale and promotion of the commodities bearing the trademark should be kept, including packaging.

It may seem that the branding of products for the Chinese market is full of pitfalls, but with the proper thought given to creating and registering the translated brand name, it can not only protect against malicious attack but also promote brand loyalty amongst consumers.

1 - www.worldtrademarkreview.com/regionindustry-guide/china-managing-the-ip-lifecycle/2023/article/translating-and-protecting-brands-in-the-chinese-market.