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The Briefing: The Doctrine of Foreign Equivalents – What It Means for Your Brand

By Scott Hervey & Richard Buckley on August 29, 2025
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You came up with a clever brand name in a foreign language—great! But did you know it might be refused by the USPTO? In this episode of The Briefing, Scott Hervey and Richard Buckley break down what a doctrine is, how trademark examiners apply it, and other important considerations for choosing foreign-language marks.

Watch this episode on YouTube or listen to this podcast episode here.

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Photo of Scott Hervey Scott Hervey

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving…

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving complex acquisitions, licensing, financings, and other transactions. He also assists clients in protecting their valuable brands through trademark infringement litigation, domain name infringement arbitration, and proceedings before the United States Patent and Trademark Office and Trademark Trial and Appeals Board. He discusses IP Law topics on the weekly video series The Briefing.

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Photo of Richard Buckley Richard Buckley

Richard Buckley is a shareholder in the Firm’s Litigation practice group. In his 25-plus-years as a litigator, Richard has served as lead counsel in hundreds of matters and has served a wide variety of clients, including professional sports arenas and teams, automotive dealerships…

Richard Buckley is a shareholder in the Firm’s Litigation practice group. In his 25-plus-years as a litigator, Richard has served as lead counsel in hundreds of matters and has served a wide variety of clients, including professional sports arenas and teams, automotive dealerships, commercial real estate landlords and tenants, event marketers, manufacturers, a market research firm, entertainers and real estate developers.

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  • Posted in:
    Intellectual Property
  • Blog:
    The IP Law Blog
  • Organization:
    Weintraub Tobin
  • Article: View Original Source

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