98 “Identity or Similarity of Goods of Services” Under The Industrial Property Code No. 6769 For example, although both white cheese and butter fall under the category of “dairy products (including butter),” they are not identical; however, they will be considered as “same type of goods/ services.”50 In short, classification is not absolute.51 As previously mentioned, Article 3/4 of the Communiqué on Classification states that TURKPATENT has the authority to interpret the groups more narrowly or more broadly during the examination of trademark applications or objections.52 In legal doctrine, it has been argued that the specific regulation refers only to the provision of Decree-Law No. 556 Article 7/1-b (IPC Article 5/1-ç) and thus emphasizes that the classification established through the Communiqué serves the purpose of registration and is not related to determining the scope of protection for a trademark.53 3. The Concept of Similar Goods/Services The concept of “similar goods/services” is not defined under the IPC, the Paris Convention for the Protection of Industrial Property,54 or the Agreement on Trade-Related Aspects of Intellectual Property Rights.55 The definition of “similar goods” is provided in Article 15/2b of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994,56 which Türkiye is a party to57 50 Paslı, p. 56. 51 İmirlioğlu, p. 151. 52 Öztek pointed out that according to the relevant regulation, goods or services falling within the same sub-group within a class would be considered as the “same type,” and therefore, TURKPATENT should reserve the right to evaluate goods or services from different groups as “similar goods or services” rather than “the same type.” See. Selçuk Öztek, “Türk Marka Hukukunda Benzer Mal ve Hizmet Kavramı (The Concept of Similar Goods and Services in Turkish Trademark Law)”, Prof. Dr. Turgut Akıntürk’e Armağan, Istanbul 2008, p. 289. 53 Dirikkan, p. 183; Tekinalp, p. 442. 54 “Paris Convention for the Protection of Industrial Property” (https://wipolex. wipo.int/en/text/287556, Last accessed: 06.06.2021). 55 “Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)” (https://www.wto.org/english/docs_e/legal_e/27-trips.pdf, Last accessed: 06.06.2021). 56 OJ, D. 25.02.1994, N. 22213 (Bis). 57 “Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994”, OJ, D. 26.05.1988, N. 19823. Throughout the remainder of the study, “GATT” will be used as a brief reference.
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