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.