Trademark disputes before the Trademark Trial and Appeal Board often involve brands that operate across borders, languages, and markets. As global commerce expands, it has become increasingly common for TTAB proceedings to include evidence written in foreign languages. Whether the dispute involves international use, foreign registrations, marketplace evidence, or non English advertising materials, parties must comply with strict procedural rules governing translations. The Trademark Trial and Appeal Board Manual of Procedure plays a central role in defining how foreign language evidence must be presented, authenticated, and evaluated.

Understanding how the TTAB handles foreign language evidence is critical for any party seeking to build a persuasive record. Failure to comply with translation requirements can result in evidence being excluded entirely, regardless of its relevance or probative value. This article examines how the TTAB approaches foreign language materials, what the TBMP requires for translations, and how practitioners can avoid common procedural pitfalls.

Why Foreign Language Evidence Matters in TTAB Proceedings

Foreign language evidence appears in TTAB cases for many reasons. Parties often rely on foreign language advertising to establish use in commerce, show brand recognition, or demonstrate consumer perception. Evidence may also include foreign trademark registrations, international business filings, foreign language websites, or correspondence with overseas distributors. In likelihood of confusion cases, foreign language meanings can be directly relevant to the similarity of marks, particularly when doctrine of foreign equivalents arguments are raised.

Because TTAB proceedings are conducted in English, the Board requires that all evidence submitted in another language be accompanied by a proper English translation. This requirement is not a formality. It directly affects whether the Board will consider the evidence at all. The TBMP establishes clear expectations for how translations must be prepared and submitted.

TBMP Rules Governing Foreign Language Evidence

The TBMP provides that any document written in a foreign language must be translated into English for the Board to consider it. The translation must be accurate and complete, reflecting the full content of the original document. Partial translations or summaries are generally insufficient, especially when the untranslated portions may be material to the issues in the case.

Equally important is the requirement that translations be properly authenticated. The TBMP states that translations should be accompanied by an affidavit or declaration from the translator stating that the translation is accurate. The declaration should identify the translator, describe their qualifications, and confirm that the translation is a true and correct rendering of the original text.

If a party submits foreign language evidence without a translation, or with an uncertified translation, the opposing party may object. The TTAB has repeatedly held that untranslated foreign language materials have no evidentiary value. Even if the opposing party does not object, the Board may decline to consider the evidence on its own initiative.

Common Translation Mistakes That Undermine TTAB Evidence

One of the most frequent mistakes in TTAB practice is assuming that an informal translation will suffice. Parties sometimes submit their own translations without a declaration, believing that the meaning is obvious or undisputed. Others rely on machine translations or paraphrased explanations. These approaches create significant risk.

Another common error involves incomplete translations. For example, a party may translate the headline of a foreign language advertisement but leave the body text untranslated. If the untranslated content relates to goods, services, or consumer perception, the Board may disregard the entire exhibit.

Timing also matters. Translations must be submitted during the proper testimony period and in the correct evidentiary format. Attempting to introduce translations later, such as during briefing, is often improper and subject to exclusion.

How the TTAB Weighs Translated Evidence

When properly translated and authenticated, foreign language evidence is evaluated like any other evidence in the record. The Board does not treat translated documents as inherently weaker or less persuasive. Instead, the weight given to the evidence depends on relevance, credibility, and context.

In cases involving the doctrine of foreign equivalents, translations become especially important. The Board relies on accurate translations to determine whether an ordinary American purchaser familiar with the foreign language would translate the mark into English. Poor or disputed translations can significantly weaken arguments related to meaning, connotation, or commercial impression.

The TTAB also considers whether the translated evidence reflects how the mark is actually encountered in the marketplace. For example, foreign language packaging used only overseas may carry less weight than bilingual materials used in United States commerce.

Strategic Considerations for Practitioners

From a strategic standpoint, foreign language evidence should be handled with the same care as any other critical exhibit. Practitioners should plan early for translation needs, particularly in cases involving international brands or foreign market activity. Identifying a qualified translator and preparing compliant declarations should be part of trial preparation, not an afterthought.

It is also important to anticipate objections. Even when translations appear straightforward, opposing parties may challenge accuracy, completeness, or translator qualifications. Addressing these issues proactively reduces the risk of evidentiary disputes that distract from the merits of the case.

Finally, parties should remember that the Board decides cases based on the record before it. Evidence that is excluded due to translation defects cannot support a claim or defense, no matter how compelling it might have been.

Why TBMP Compliance Protects Your Case

Strict adherence to TBMP translation requirements protects more than procedural compliance. It ensures that the Board can fully understand and fairly evaluate the evidence presented. In high stakes TTAB proceedings, losing key evidence due to a technical defect can alter the outcome of a case.

Foreign language evidence often supports core arguments related to use, priority, distinctiveness, or confusion. Treating translation requirements seriously demonstrates professionalism, credibility, and respect for the Board’s procedures. It also signals that a party understands the technical demands of TTAB practice.

Final Thoughts on Foreign Language Evidence Before the TTAB

As trademark disputes continue to reflect the realities of global commerce, foreign language evidence will remain a recurring issue in TTAB proceedings. The TBMP provides clear guidance, but successful compliance requires careful planning, attention to detail, and procedural discipline.

By ensuring that all foreign language materials are fully translated, properly authenticated, and timely submitted, parties place themselves in the strongest possible position. In TTAB litigation, procedural precision often determines whether substantive arguments are heard at all.

Your brand is everything. Protecting it means not only choosing the right legal arguments, but also presenting them in a way the Board can fully consider.

If you are navigating a TTAB opposition or cancellation involving international evidence, consulting with experienced trademark counsel can help you avoid costly missteps and strengthen your case from the outset.