A pinyin trademark and its corresponding Chinese-character trademark may well be found similar. Where the pinyin is the unique corresponding spelling of a particular combination of Chinese characters and the relevant public would readily connect the two as pointing to the same source, examination practice generally finds similarity.
Why Pinyin and Chinese Characters Collide
The cognitive habit of Chinese consumers is that pinyin and Chinese characters correspond to each other. For example, if the Chinese-character trademark "美佳" (Meijia) is registered earlier and someone else applies for "MEIJIA" on identical goods, the public seeing the pinyin would readily think directly of "美佳", creating confusion as to source, and the application may therefore be rejected.
What the Judgment Looks At
First, whether the pinyin has a unique, definite Chinese-character correspondence: where the characters are polyphonous and the correspondence is ambiguous, the likelihood of a similarity finding with a particular Chinese-character mark decreases. Second, whether the pinyin has an independent meaning: where the pinyin itself forms a foreign word or has acquired another established meaning, there is more room for differentiation. Third, the arrangement: where pinyin and Chinese characters are mixed, or other distinctive elements are added so that the whole is differentiated, similarity may not be found.
Practical Risk Warnings
A common misconception is that "if the Chinese characters are taken, I can just register the pinyin"—in examination this is a high-risk maneuver with a very high rejection rate. Conversely, an earlier pinyin registration can also block the Chinese-character mark you apply for later.
Self-Check Suggestions
Once a Chinese-character mark is settled, search prior trademarks in its pinyin form at the same time. If you plan to use a Chinese-English or pinyin combination, it is best to apply for the characters and the pinyin together—both to keep others from free-riding and to avoid being put on the defensive yourself.
If you are facing the issues described above, you can first run a trademark registration assessment on MyTMBee and decide whether to file only after confirming feasibility, avoiding wasted official fees from blind filings.