In the trademark classification table, lighting belongs to 1 1 class-lamp air conditioning. Can I register a similar trademark? If a trademark with the category 1 1 is registered, others may not register a trademark with the category 1 1 followed by "lighting".
If there are similar or identical trademarks in the query structure of trademark registration, the first thing to look at is how high the similarity rate of trademarks is. If the similarity rate is not high, you can apply for registration of the trademark. If the similarity rate of the trademark is high, it is not recommended that Biaomei apply for registration of the trademark, because the risk of trademark rejection is high, which eventually leads to high trademark registration fees, but the trademark cannot be registered. Moreover, the application fee and trademark agency fee of the Trademark Office are non-refundable.
Relevant legal basis:
Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes.
According to Item (1) of Article 52 of the Trademark Law, the people's court shall determine that trademarks are identical or similar in accordance with the following principles:
(1) Taking the general concern of the relevant public as the standard;
(2) It is necessary to compare not only the whole trademark, but also the main parts of the trademark, and they should be compared separately in the isolated state of the comparison objects;
(3) When judging whether the trademarks are similar, the distinctiveness and popularity of the registered trademarks should be considered.
Criteria for judging the similarity of graphic trademarks;
(1) Where the composition of a trademark graphic is similar to the overall appearance, and it is easy for the relevant public to misunderstand the source of goods or services, it shall be judged as an approximate trademark.
(3) If a trademark completely contains other people's graphic trademarks with certain popularity or strong distinctiveness in advance, it is easy for the relevant public to think that it belongs to a series of trademarks and misunderstand the source of goods or services, it is judged as an approximate trademark.
The above is about whether the word "lighting" can be added to other people's successfully registered trademarks. Trademark approximation is a concept of trademark law, which mainly refers to the arrangement or appearance of font, pronunciation, meaning or graphic structure, color and appearance of two trademark words, which leads to the existence of approximation and is easy to bring misunderstanding to consumers. Therefore, standard beauty does not recommend that you register similar trademarks.