Specialist Translation Spotlight: Trade Mark and IP Litigation Language Translation

Even in your own language, trade mark litigation is extremely legally and technically complex.

So if you’re looking to defend or attack a trade mark overseas, you need legal and linguistic experts on your side. That means an experienced, professional language service provider. At Alexika, we have years of experience in translating trade mark litigation documentation - indeed, any intellectual property documentation - with watertight accuracy.

Let’s discuss some more about translating for trade mark litigation - what it is, who needs it, why it’s so challenging, and why you need a specialist translation agency (like ourselves!) to have the best chance of success.

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What is translation for trade mark litigation?

Trade marks are hugely important. They can embody a company’s brand, image and reputation.

Trade mark litigation translation is the rendering of documentation for the defence or attack of intellectual property. This can include translating documentation relating to trial proceedings, appeals, emergency injunctive relief and declaratory judgment.

More simply, there are two sides that cover the topic of translation for trade mark litigation:

1. Translating legal briefs relating to attacking or defending trade marks.

2. Translating evidence for how a trade mark is used, for example on a web site or on other marketing materials.

In the field of trade mark litigation, translation of documentation can pertain to trade mark, cyberpiracy, unfair competition and trade secrets. Of course, technological advances present more issues for the protection of intellectual property - social media and domain names being two key areas where trade mark litigation may be needed.

For many businesses, aesthetic identity is extremely important - and this is also of concern regarding litigation. So, as well as the protection of marks such as slogans, the protection of designs is a remarkably broad but technically complex strand of trade mark law.

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What companies might need trade mark litigation translation services?

The translation of legal arguments for the use of, or defence of, a trade mark can be relevant to all sectors and industries. Wherever there is an argument or contentiousness about the use of a trade mark in another country, there can be need for litigation in a foreign court.

What sort of companies have required trade mark litigation translation services? Well, from our experience, we’ve seen demand for the translation of litigation documentation from major international hotels, major drinks brands, a national lottery, a well-known bar as well as a famous fashion brand (to name but a few).

The field of trade mark defence extends to almost any sector or industry. It surrounds the argument of whether a company came up with the idea themselves, or whether they’re seen to be copying an existing brand for commercial advantage. If a company has potentially copied a trade mark in a foreign country, there could be a case for trade mark litigation - therefore a need to translate relevant documentation.

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What is the process for translating for trade mark litigation?

At Alexika, we follow a tried-and-tested process when dealing with any translation work. This starts with your enquiry, followed by the project preparation and then the translation itself. Trade mark litigation (indeed, any technical translation) requires special attention.

We ensure that a translator with a specialist focus of intellectual property is assigned to your project; they will have a particular knowledge of trade mark terminology. The translator will always be a native speaker of the language you are translating into. This ensures that your translated litigation documentation reads fully authentically - as if it was written in the target language, giving it the best chance of succeeding.

After the translation itself, there’s a process of quality assurance; the translated material is checked by a second linguist to ensure it meets extremely strict standards. The work is then delivered electronically.

It’s worth noting that our process of trade mark litigation translation adheres to the strict client confidentiality terms of the Association of Translation Companies. You can read in more detail about how we achieve the perfect translation on our process page.

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What is unique to trade mark litigation translation that makes it so challenging?

Not only does the translator need the linguistic capability, but also the legal and technical know-how and expertise. The challenges relate to getting the terminology right. There can also be cultural issues; is the translation being performed in a manner that is sensitive to the nuances of the target language and its country’s culture?

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How does a language service provider ensure a perfect litigation translation?

A professional translation agency worth its salt will insist that translators only work into their mother tongue. This gives them the strongest possible grasp of the target language and its cultural and technical nuances, guaranteeing that the translated litigation documentation reads fully authentically. Similarly, a good translation agency will only assign your project to a subject matter expert - in this case, one with a specialism in trade mark litigation.

At Alexika, mother tongue translation and subject matter expertise are golden rules of ours. You can read more about why we ensure our translators only work into their mother tongue on our blog post.

Many brands have trusted us with their trade mark litigation translation. If you need your documentation looking at, our friendly team would be delighted to have a chat.

Categories: General

View other blog posts from: Mar2019