A candle is an item that illuminates a space. It seems to be relatively rare nowadays, but if there is no electricity, candles are extremely important. The moment a candle is lit, there is a limited release of heat and light energy. This is something that light cannot match, although sometimes it is more convenient to use light.
Regarding the category of the candle trademark, we can also conduct a query in the Bajie Intellectual Property Trademark Encyclopedia. The result of the query is that it belongs to Category 4-0404-Industrial Wax-Tallow Candle 0404 ;0405 - Candles and wicks for lighting - Candles for lighting 040.
It is well known that a trademark cannot be used without the permission of the trademark registrant. However, in some cases, even if others use the same or similar mark as the registered trademark on the same or similar goods, it will not be used. It is regarded as an infringement, and the trademark owner cannot ask others to stop using it on this ground. Under what circumstances can it be used without infringement?
The first is the normal use of one's own name, title or address. Name (title) rights are rights that run parallel to trademark rights. Both are protected by law and should not be mutually exclusive when exercised. The normal use of one's own name, name or address is a manifestation of the exercise of the right to name. Although there is no clear provision in my country’s Trademark Law, this is fully in line with the purpose of the General Principles of Civil Law that rights shall not be abused.
The act of using in good faith the type, quality, quantity, purpose, value, geographical origin, production date and other descriptive marks of the goods. In principle, signs concerning the type, quality, quantity, purpose, value, geographical origin, production date and other descriptive signs of goods cannot be registered as trademarks. Even if they are registered as trademarks, others can still do so according to the basic spirit of the principle of fairness in civil law. Use with good intentions. Therefore, the trademark owner has no right to prohibit others from using the descriptive mark of the relevant goods in good faith.
The act of exercising the right of prior use. In order to protect the interests of prior users of well-known trademarks, unfair competition practices such as preemptive registration must be stopped. Article 32 of my country’s Trademark Law stipulates: Applications for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that is already used by others and has a certain influence. This is a trademark law specially formulated in response to the increasingly serious phenomenon of malicious pre-registration of unregistered trademarks of others in society, thus providing a legal basis for punishing pre-registration behavior.