The translation that should be relied upon in examination is the English meaning that has significance in the United States as the equivalent of the meaning in the non-English language. The following are examples of equivalency in translation:

1. (1) "Chat Noir" - The exact equivalent in English is "black cat," and this translation would undoubtedly be recognized by the purchasing public in this country. Ex parte Odol-Werke Wien Gesellschaft M.B.H., 1956 Commr. Pat. LEXIS 41 (Comm’r Pats. 1956) (affirming the refusal to register the mark "Chat Noir" because the words "Black Cat" were already registered for related goods).
2. (2) "Mais Oui" - The English equivalent of the phrase "mais oui" is "why, certainly," or "why, of course," and not the literal translation "but yes." In re Societe Des Parfums Schiaparelli, S.A., 1959 TTAB LEXIS 242 (1959). A satisfactory translation must be an English expression that will be the equivalent in meaning of the term "mais oui" in French.
3. (3) "Schwarzkopf" - The term can be literally translated as "black head," but, even to German-speaking persons, the primary significance of "Schwarzkopf" is most likely that of a surname. When the primary significance of a non-English term is as a surname, the term should not be translated. See TMEP §1211 regarding surnames.

Determining the appropriate translation often requires consideration of the relevant context in which the mark is used, including the mark’s meaning in relation to the goods and/or services or in relation to the applicant itself. See In re Advanced New Techs. Co., Ser. No. 86832288, 2023 TTAB LEXIS 2, at *19-21 (2023) (The Board, in determining the applied-for mark ZHIMA was used and recognized as a transliteration of the Chinese characters for the word "sesame" and required a translation, reviewed evidence including the context of applicant’s use of the mark indicating that "[t]he original applicant, Alibaba Group Holding Limited, [sought] to use and register ZHIMA to evoke the story of Ali Baba and the 40 thieves, in which the words ‘open sesame’ magically unseal a cave full of treasure, or by analogy, [a]pplicant’s goods and services").

See TMEP §1207.01(b)(vi) for information regarding the doctrine of foreign equivalents generally. For information regarding the application of the doctrine in specific contexts, see TMEP §§1207.01(b)(vi)(A)-(b)(vi)(B) for likelihood of confusion, §1209.03(g) for descriptiveness or genericness, §1210.05(b) for geographical deceptiveness, §1210.10 for geographic significance, and §1211.01(a)(vii) for surnames.

If any question arises as to the proper translation of a mark, the examining attorney may consult the Trademark Law Library or Translations Branch of the USPTO.