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Open Access. Powered by Scholars. Published by Universities.®

2018

International Trade Law

Osgoode Hall Law School of York University

PhD Dissertations

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Translating Trademarks: Towards The Equal Treatment Of Foreign- Language Marks, Ung Shen Goh Mar 2018

Translating Trademarks: Towards The Equal Treatment Of Foreign- Language Marks, Ung Shen Goh

PhD Dissertations

Part A of this dissertation tells the story of The Coca-Cola Companys trademark registrations in Canada in order to illustrate the linguistic issues faced by trademark administrators. A trademarks registrability depends on its distinctiveness, which is its ability to can distinguish its traders goods and services from those of another trader. Knowing how well a trademark will function to distinguish means ascertaining first what has already been registered, which is no easy task when the databases cannot administer foreign-language marks that are not Romanized. Part A proposes the solution of transcribing foreign-language marks that are not Romanized, so they can …