Missing the Mark: Lessons in Scaling Into Foreign Jurisdictions
As someone afflicted by “wanderlust”, I am constantly met with the challenge of communicating in foreign countries. Being fluent in both French and English, I tend to fare relatively well, though I realize my Spanish requires some attention. Case in point: during my layover in Puerto Vallarta this past week, I was explaining to the front desk staff that, when visiting, I have been staying in the Marina district for well over 20 years. I reminded myself, mentally, how to properly pronounce the word “year” in Spanish, but the pressure overtook my internal reminders. Let it be known that “ano” and “año” have very different meanings.
Moving on.
With the increased rate of globalization, fueled by the ease of e-commerce (among other factors), it is imperative that brand owners understand their branding needs at the earliest opportunity. While there is certainly value in having a single unified brand when expanding into foreign markets, countless companies have modified or changed their brands on products for export. Such rebranding exercises are sometimes out of necessity due to a pre-existing competing brand in the target jurisdiction. Other times, rebranding is voluntary and aims to better respond to the target market. Sometimes, rebranding is necessary, as cultural differences and transliterations into different alphabet systems can prove to be problematic. Consider the following fails:
Mercedes-Benz entered the Chinese market under the name “Bensi” which translates as “rush to die”;
The American Dairy Association brought their familiar campaign of “Got Milk?” to Spanish-speaking countries, but the direct translation was, “Are you lactating?”;
Nike had to recall thousands of products when a decoration intended to resemble fire on the back of its sneakers resembled the Arabic word for Allah;
Audi cars thought the name for its new electric SUV had a nice ring to it but failed to realize that for French-speaking consumers, the term “e-tron” sounds nearly the same as the word “étron” meaning “turd”; and
Coors beer used its slogan, “Turn it Loose”, in Latin America, failing to realize that the translation of the slogan was like the colloquial term for suffering from diarrhea.
Moral of the story: Before launching a new business or product, consider the markets you wish to sell into. Once that determination has been made, consider the following: (1) whether your proposed mark is available for protection in the target market; (2) whether the proposed mark conveys the intended meaning and message to target consumers; and (3) whether the proposed mark resembles slang, idiom, or is offensive based on cultural sensitivities. In all cases, before “turning your mark loose”, consult professional translators and obtain an availability opinion from a trademark professional practicing in the target jurisdiction(s). Failure to consider the foregoing can result in sh*tty situations.