TMEP 819.01(m): Translation and/or Transliteration

October 2017 Edition of the TMEP

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819.01(m)    Translation and/or Transliteration

If the mark includes non-English wording, the application must include an English translation of that wording. 37 C.F.R. §§2.22(a)(16), 2.32(a)(9).  If the mark includes non-Latin characters, the application must include a transliteration of those characters. 37 C.F.R. §§2.22(a)(17), 2.32(a)(10).  Note that the TEAS Plus form does not prompt the applicant to enter a translation or transliteration, even if either or both would be required.

If a translation and/or transliteration is omitted, the examining attorney will issue an Office action requiring the additional fee. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c).  If the initial application includes a translation and/or transliteration, no additional fee is required if the translation/transliteration is later amended, as long as the amendment is filed through TEAS or entered by examiner’s amendment.  However, the additional fee will be required if the translation or transliteration comprises inappropriate material, such as the notation "???."