To determine whether the disputed trademark and the cited trademark constitute similar trademarks in the sense of trademark law, the standard should be based on the general attention of the relevant public. In other words, it depends on whether the corresponding consumer groups may be confused about distinguishing Chinese trademarks from Chinese and English trademarks, or whether Chinese trademarks and English trademarks are similar. How similar do they think the two are?
To determine whether Chinese and English trademarks are similar, the following factors need to be considered: the relevant public’s awareness and ability of the English trademark, the relevance or correspondence in meaning between the Chinese trademark and the English trademark, and the popularity of the cited trademark itself. and distinctiveness, actual use of the disputed trademark, etc.
1. The relevant public’s awareness and ability of English trademarks. Two factors are involved here. One is the awareness level of English words among the relevant public in my country, and the other is the common usage of the cited English trademark words themselves. The public has a certain cognitive ability and level of commonly used English vocabulary. According to the usual spelling habits, the relevant public can easily identify "FOREVERMARK" as "FOREVER MARK". At the same time, "FOREVER" and "MARK" are simple and common words that are used frequently.
2. The relevance or correspondence in meaning between the Chinese trademark and the English trademark. This correlation and correspondence can be considered from two perspectives: Chinese-English translation and English-Chinese translation. "FOREVERMARK" can be translated as "Eternal Mark". At the same time, "Forever Mark" can also be translated into English as "FOREVER MARK". It can be seen that the two trademarks do have a corresponding relationship in meaning, and the relevant public can easily associate the two.
3. Cite the popularity and distinctiveness of the trademark itself.
4. The actual use of the disputed trademark.