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Trade Marks Journal No. 040/2010
Page No. xxvi
(d)
(e)
Forms TM 18 and TM 35 have been removed.
Forms TM 8, TM 27A and TM 27B are new.
Translation of Non-English words (Circular No. 17/2007, dated 7 May 2007)
For purposes of rule 20(2), where the mark consists of non-English words, it is not
necessary to file with the Registrar a certified translation by a qualified translator. A copy of
relevant extracts from relevant dictionaries showing the meaning of each word and the
words as a whole in English will be sufficient. However, it will be necessary to indicate on
the application form that the mark consists of non-English word/words. A failure to include
such an indication on the application form will have to be rectified by the filing of
amendment via Form TM 27 with the requisite fee. The applicant should forward to the
Registrar the requisite translation and/or the transliteration together with a copy of relevant
extracts from dictionaries or relevant certification as soon as possible.
As regards the indication on the application form, it is necessary to submit an accurate and
complete translation and/or transliteration of the non-English words in the mark.
Two examples are provided below as illustration.
Example 1:
An application was filed for the mark consisting of three Chinese Characters which is the
phonetic equivalent of the Applicant’s company name.
The transliteration of the Chinese characters of which the mark consists is "Fei Li Shi"
which has no meaning and it is the phonetic equivalent of the Applicant’s company name
"Philips".
An appropriate indication in the Application form may read as:
9 If the mark contains or consists of word(s) not being English word(s), provide the
derivation of the word(s). If it is invented, state so. If it can be translated, fill in Part 10
below.
The Chinese characters of which the mark consists is derived from the Applicant's
company name i.e. it is the phonetic equivalent of "Philips"
10 If the mark contains or consists of non-English word(s), and/or non-Roman character(s),
provide the English translation and/or transliteration as follows:
“|
Representation of the words(s)/
characters
Language of word(s)/character(s)
Chinese
Translation of each word(s)/
character(s) and the word(s)/
character(s) taken together as a
whole
Translation of the Chinese characters as a
whole: no meaning. It is the phonetic
equivalent of the Applicant's company name
"Philips".