Refusal of Trademark “Juedui Gao (Absolutely High in Chinese)” (No.87574986)

Introduction

Qinghai New Opportunity Trading Co., Ltd. filed trademark application No.87574986 for the Chinese word mark “绝对高 (Absolutely High)”, targeting subclass 3301 goods like “alcoholic fruit wine”. After receiving initial official rejection, the applicant initiated a review before the China National Intellectual Property Administration (CNIPA).

The applicant argued it had owned an identical registered trademark starting in 2013; exclusive rights lapsed in 2024 due to missed renewal, yet continuous real-market use built stable consumer recognition. To back its acquired distinctiveness claim, the firm submitted product promotion materials, sales contracts, and OEM production payment receipts as core supporting evidence.

In a final decision dated May 8, 2026, CNIPA upheld the rejection of registration, citing insufficient trademark distinctiveness per the Trademark Law of the People’s Republic of China.

Analysis on the CNIPA’s Reasoning

CNIPA’s ruling follows a clear statutory and doctrinal review logic grounded in Chinese trademark legislation and long-standing CNIPA examination practice.

The mark lacks inherent distinctiveness under Article 11.1.3 of China Trademark Law, which bars registration for signs devoid of inherent source-distinguishing features. Literally meaning “Absolutely High”, the subject mark functions as a commonplace promotional descriptor for alcoholic beverages, easily interpreted by average consumers as an ordinary advertising slogan praising superior wine quality rather than a proprietary brand identifier.

From CNIPA’s perspective, the wording is inherently descriptive and cannot naturally single out the applicant’s goods from competing wine products.