Under the doctrine of foreign equivalents, foreign words used as a mark are translated into English and then tested for likelihood of confusion. In re Vetements Grp. AG, 137 F.4th 1317, 1325 (Fed. Cir. 2025). Generally, the TTAB applies the doctrine of foreign equivalents when one mark is in the English language and the other is in a foreign language. Ricardo Media Inc. v. Inventive Software, LLC, No. 91235063, 2019 WL 3956987, at *8 (TTAB 2019). In certain circumstances, however, the TTAB has applied the doctrine of foreign equivalents when considering two marks from different foreign languages or from the same foreign language. See Miguel Torres S.A. v. Casa Vinicola Gerardo Cesari S.R.L., 49 USPQ2d 2018 (TTAB 1998) (translating marks in Italian and Spanish); In re Lar Mor Int'l, Inc., 1983 WL 51840, at *2 (TTAB 1983) (comparing marks TRES JOLIE and BIEN JOLIE because U.S. consumers with even a “rudimentary” understanding of French would understand the meaning of the marks based on the nature of the terms). 

In an opposition against an application to register the DANKE mark for “chocolate; chocolate bars” in view of the registered mark MERCI for “chocolate and chocolates,” the TTAB found that U.S. consumers would understand that both marks mean “thank you” and share the connotation of gratitude. August Storck KG v. Florend Indústria e Comércio de Chocolates LTDA, Opposition No. 91277224, 2026 USPQ2d 76 (TTAB 2025) (re-designated as precedential on January 27, 2026). 

But . . . the message of “thanks” is widely used in the industry and pervasively associated with chocolate. Further, when it comes to commercial impression, because the marks are derived from different foreign languages and have distinct appearances and pronunciations, we find the marks are somewhat dissimilar overall in commercial impression, despite sharing an identical meaning.

     In sum, the marks are very different in overall appearance and sound and have somewhat distinct overall commercial impressions. We are not convinced by Opposer's argument that these differences are outweighed by the marks' “exact same connotation and meaning,” particularly because the shared meaning is a common message related to chocolate. Rather, we find the differences in sound and appearance and the differences in commercial impression outweigh the marks' identical meaning and weigh strongly against a finding of likelihood of confusion. See Sarkli, 721 F.2d at 355 (“But where the only similarity between the marks is connotation, a much closer approximation is necessary than has been shown here to justify a refusal to register on that basis alone where the marks otherwise are totally dissimilar.”). The first factor therefore weighs against a finding of likelihood of confusion.

* * *

     In sum, while MERCI is not conceptually weak under the sixth DuPont factor, the common use of “thank you” in connection with chocolate supports that the meaning of the mark MERCI is conceptually weak under the thirteenth DuPont factor.

Notably, the DANKE and MERCI marks “do not share a ‘common' element; the only commonality is the similarity in meaning.” While the record contained only one third-party registration incorporating the word MERCI for similar goods, which falls far short of demonstrating that MERCI is conceptually weak under the sixth DuPont factor; the theme of saying “thank you” with chocolate was a common non-trademark theme which supported finding the marks to be conceptually weak when used in relation to chocolate under the thirteenth DuPont factor. Cf. In re Medline Indus., Inc., No. 87680078, 2020 WL 1485709, at *4 (TTAB 2020) (“we find, under the thirteenth DuPont factor, that the third-party non-trademark uses of shades of green on medical gloves tend to impair the cited Supplemental Register mark's ability to acquire distinctiveness, and to limit its scope of protection if it did acquire distinctiveness.”); Specialty Brands, Inc. v. Coffee Bean Distribs., Inc., 748 F.2d 669, 675 (Fed. Cir. 1984) (in likelihood of confusion analysis, third-party use, including descriptive use, “can demonstrate the ordinary dictionary meaning of a term or the meaning of a term to those in the trade”).

The TTAB concluded that the substantial differences in sound, appearance and commercial impression of DANKE and MERCI under the first factor “coupled with the conceptual weakness of ‘thank you'—the shared meaning of the terms and the only similarity between the marks—for chocolates under the thirteenth factor are dispositive and outweigh the other factors.” 

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