In daily consultations, I often encounter situations where applicants want to register trademarks that directly describe the characteristics of their goods or services. Examples include: "Hydrating" skincare products, "Sensitive-Soothing" herbal medicine, "PVT333-A" testing equipment, "Premium Fertile" fertilizer... the list goes on. While such trademarks allow consumers to quickly grasp the core selling points of the brand, they often face rejection due to absolute grounds such as potential consumer confusion or lack of distinctiveness.
This article will focus on the necessity of rejecting marks that "may cause consumers confusion about the characteristics, qualities, quantities, etc. of the designated goods / services"
From a regulatory perspective, the Trademark Examination and Review Guidelines provide clear provisions for this issue, specifically under Article 10.1.7 of the Trademark Law, and offer examples like the above.
However, in practice, some trademarks are approved for
registration but are later used in an "edge-ball" manner.
Recently, Bai Xiang's
"多半袋面" ("Half More Bag
instant noodles") sparked heated discussions in China. The
reason was that the prominent display of the
words"多半" ("Half More") on the
packaging of Bai Xiang's "Half More Bag Noodles"
products, i.e.
, gave consumers the
impression that the product contained half more noodles than before
or compared to regular instant noodles. But "Half More"
is a registered mark of Bai Xiang, and while the "Half More
Bag Noodles" series products did increase the weight of the
noodles, it did not actually provide half more quantity, thereby
misleading consumers to some extent. Upon investigation, I found
that Bai Xiang Food Co., Ltd. indeed holds the No. 33775471 mark in
Class 30. Thus, Bai Xiang's use of the trademark complies with
the Trademark Law, but in actual market practice, it does cause
consumer confusion.
Similarly, in March of this year, the well-known brand Qianhe
Seasoning faced public scrutiny over its
"千禾0" ("Qianhe additive-free")
soy sauce. The controversy arose because 
(No. 35126959) is registered trademarks of
Qianhe Seasoning, but the products were not completely free of
additives beyond basic ingredients. Such trademark use could
mislead consumers into believing that the soy sauce and other
products were entirely natural and additive-free. Additionally, I
found that Bai Xiang Food also holds the No. 75633608 trademark
. Could this also lead consumers
to assume that Bai Xiang's products are entirely natural and
clean in composition during actual market use?
From "Qianhe 0" additive-free soy sauce, "No. 1 Earth" pork, "From the Mountains Earth" eggs, to "Half More" bag noodles, we can observe that, apart from the designated goods, the registrability of these trademarks may not seem problematic at first glance. However, when used on related products, they may mislead consumers.
Therefore, from the perspective of protecting consumer interests, it is indeed necessary for the Trademark Office to tighten the scrutiny of absolute grounds in recent years, especially for trademarks that may mislead consumers about the quality or characteristics of goods or services. The trend toward stricter review standards is justified by practical considerations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
