Concern for Trademark Infringement in Spanish

With an ever-growing number of businesses looking to cash in on the growth of the Hispanic market in the U.S., English-language trademarks have become increasingly susceptible to infringement by companies looking to take marketing shortcuts.

So, what exactly constitutes trademark infringement? To qualify as infringement, the translation into Spanish must be determined to be direct and literal. In addition, it is difficult to prove copyright infringement in cases where the English-language trademark consists merely of a service or product description (e.g. jeans branded with the name “Rugged Pants”).

In order to protect your business’ English-language trademark, first hire a professional translator to produce one or more possible Spanish translations of your copyrighted name. The following steps may then be taken to avoid trademark infringement:

1)      Hand over the translations to a trademark-watching firm, which will warn your company of any potentially conflicting trademarks.

2)      Set up a Google Alert to receive notifications about a specific word or phrase to sniff out companies that may be using your trademarked name online.

3)      Monitor new trademark registration application filings at http://www.USPTO.gov.

4)      Ask Spanish-speaking colleagues with a finger on the pulse of the Hispanic community to remain vigilant.

Read more about this issue at the Richmond Times-Dispatch website.

What Do Translators Expect from Agencies?

As freelance translators, we all know the importance of making a good impression on our clients and maintaining a healthy professional relationship with them; however, what about the impression the client makes on you? The translator-agency relationship can vary significantly from vendor to vendor, depending on factors such as the size of the agency, the experience of the project managers, and the overall attitude of the agency toward the translation process (quality vs. quantity). A translation agency or client with concern for the translator will strive to meet the following expectations:

» Ideally, agencies express interest in negotiating rates, deadlines, payment methods and terms, etc., instead of forcing their own terms upon the translator. If a project requires urgency or overtime, the agency offers the appropriate incentives.

» A friendly yet professional tone. When communications from the project manager are overly formal, it’s easy for translators to feel like they’re talking to a robot instead of another human being. A touch of small talk and/or pleasantries can go a long way to humanizing the relationship with the agency.

» Tactful feedback. Translators do occasionally make errors, and while they appreciate feedback about their mistakes, it’s more helpful when the criticism is given in a tactful and constructive manner.

» Keep it simple. The agency that excels at simplifying the communication process, even for the most complicated projects, makes the translator’s life much easier and more productive.

» The agency sends the complete file for the translator’s review before expecting him or her to accept the project.

» Reasonably prompt communication. Translators understand that project managers or other team members are often swamped with work; however, a quick response to a question or doubt, especially on an urgent project, is much appreciated.

» Deft handling of administrative matters. Translators rejoice when the purchase order is sent in a timely manner, the agency confirms that the invoice has been received, etc.

» Timely payment. Translators put a great deal of stock in agencies that pay reliably and within acceptable timeframes.

What do you look for in your relationship with a translation agency or other vendors?

Foreign Language Study Abroad

While it’s possible to achieve a high level of proficiency in a foreign language while studying in your home country, in order to take your skills to the next level, it’s essential to be immersed in the language. Language study with native speakers in a foreign country opens you up to the possibility of a more well-rounded experience, as you’ll be able to enjoy the culture together with the language.

Be sure to carefully weigh your options when planning for a foreign language study abroad experience. For example, if you’re interested in Spanish, there are over 20 Spanish-speaking countries to consider, each with its own unique culture, accent and slang. Do some research to determine which locations fit best with your language goals. If you want to improve your Spanish for use on the job, and the people you’re likely to be in contact with are primarily from Latin America, you may want to skip a language immersion experience in Spain in favor of, say, Mexico.

If you’re interested in studying a more obscure tongue like Icelandic or Luxembourgish, studying abroad may be your only opportunity to truly get a handle on the language, as access to native speakers and learning materials in these languages are most likely extremely limited in your home country.

Once you’re in country, one of the keys to gaining fluency is to reinforce classroom study through real world interactions. Don’t be afraid to take what you’ve learned in your language classes and practice it outside the classroom: go to the movies, chat up the locals, join a club or team. You’re bound to make mistakes as you go along, but language foibles come with the territory. Just remember to keep a sense of humor!

Lastly, it’s worth mentioning that merely visiting or living in a foreign country isn’t enough to help you perfect your skills – just ask the thousands of expats who successfully live for years on end in a foreign country without ever mastering the language. If you confine yourself to the “expat bubble,” you’ll spend the majority of your time surrounded by those who speak your native tongue, depriving yourself of the chance to exercise your foreign language muscle. Get out there and interact with the natives!