An English trademark and a Chinese trademark can be found similar. The key is whether the two have identical or corresponding meanings and whether the relevant public would readily connect the two. The risk is highest when the Chinese mark is the established, stable translation of the English one.
Typical Similarity Scenarios
First, direct correspondence of meaning: for example, if "SUN" is registered earlier and someone else applies for "太阳" (sun) on identical goods, the two have the same meaning, the public generally perceives the correspondence, and a similarity finding is usual. Second, conventional translations: where a well-known foreign trademark has acquired an established Chinese rendering, applying for that Chinese rendering carries an extremely high similarity risk and may also raise squatting issues. Third, phonetic correspondence: where the English pronunciation approximates how the Chinese mark is called out, similarity may also be found.
Common Scenarios Where Similarity Is Not Found
Similarity may not be found where the English word has an obscure meaning with low public recognition and lacks a stable correspondence with the Chinese mark, or where, although the English word has a corresponding meaning, the overall visual and phonetic differences are significant and other distinctive elements have been added to create differentiation. That said, the combination of "corresponding meaning plus similar goods" remains a high-risk zone at all times.
Renown Magnifies the Similarity Perimeter
The more renowned the prior trademark, the broader the protected perimeter of its corresponding meanings. For a famous brand's Chinese translation or homophonic names, a rejection may follow even across a wider span of designated goods, on grounds of likelihood of confusion or bad-faith factors.
Self-Check Suggestions
When naming, bring into the search scope both the common English equivalents of a candidate Chinese name and the corresponding Chinese meanings of a candidate English name. Enterprises planning a bilingual brand are advised to search and file the Chinese and English versions simultaneously, so that neither is left exposed.
If you are unsure about the above issues, you can first run a trademark registration assessment on MyTMBee and act after obtaining an analysis opinion from a record-filed agent.