96 “Identity or Similarity of Goods of Services” Under The Industrial Property Code No. 6769 exemplified in the European Union Intellectual Property Office’s41 Guidelines for Examination of the European Union Trademarks, in class 9, the application for “laser” is intended for industrial use, while the application for “laser” in class 10 is for medical purposes.42 In this scenario, the products would be considered different due to their distinct intended uses. According to Part C, Section 2, Chapter 2, Paragraph 2.3.2 of the EUIPO Examination Guidelines, “If the goods/services designated in the earlier mark are covered by a general indication or broad category used in the contested mark, these goods/services must be considered identical since the Office cannot dissect ex officio the broad category of the applicant’s/holder’s goods/services.” For example, if the earlier trademark pertains to marine vessel goods and the subsequent trademark application is for marine vehicles, the subsequent application will be considered as having been made for identical goods.43 According to Part C, Section 2, Chapter 2, Paragraph 2.3.1 of the mentioned Guidelines, where the list of goods/ services of the earlier right includes a general indication or a broad category that covers the goods/services of the subsequent application in their entirety, the goods/services will be considered as identical.44 The 2021 Guideline published by TURKPATENT also contains provisions parallel to the EUIPO Examination Guidelines regarding the presence of explanatory and specific expressions related to the content. According to the 2021 Guideline, if a general expression is followed by the word “especially,” it is accepted that this expression is not limited to the goods/services that follow it, but also encompasses the general expression.45 However, when a general expression is followed by the 41 European Union Intellectual Property Office (EUIPO). 42 EUIPO, Guidelines for Examination of the European Union Trademarks, Part C, Section 2, Chapter 2, para. 2.2 (https://guidelines.euipo.europa.eu/1922895/1923283/trade-mark-guidelines/1introduction, Last accessed: 06.06.2021). Throughout the remainder of the study, “EUIPO Examination Guidelines” will be used as a brief reference. 43 Paslı, p. 53. According to the 2021 Guideline published by TURKPATENT, it has been indicated that in cases where a trademark is registered for specific goods or services, and a subsequent trademark application includes a general indication encompassing those goods or services, the said goods or services will be considered as identical. See. 2021 Guideline, p. 392. 44 See also. 2021 Guideline, p. 392. 45 The expressions “including,” “particularly,” and “mainly” are also phrases used
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