99 Union of Turkish Bar Associations Review 2023 Dilara Naz GÜLÜM and has ratified.58 In the relevant article, similar goods are defined as “Goods that, while not identical in all respects, have similar characteristics and similar features that enable them to perform the same function and be commercially interchangeable.” In the 2015 TURKPATENT Trademark Examination Guideline, it was indicated that the term “similar goods and services” is referred to goods and services that could be subject to likelihood of confusion, assuming they come from the same/related origin by the relevant public. In this regard, related goods and services that can be assumed to originate from the same/related origin are also considered as similar goods and services.59 In this context, it is important to address the role of the Nice classification in determining similar goods/services. As mentioned, the Nice classification is not binding in the assessment of similarity conducted by the courts. However, for offices/institutions responsible for trademark registration, the EUIPO Examination Guidelines state that the Nice classification is purely administrative and cannot constitute the sole basis for determining the similarity of goods/services.60 However, even though the Nice Agreement does not impose such a constraint, trademark offices during the registration process assign a significance to the Nice Agreement’s classification system that goes beyond administrative and registration purposes.61 Offices also utilize auxiliary methods in search for similarity, such as cross-searching and cross-classification, , but fundamentally conduct it within the scope of the mentioned classes and sub-groups.62 58 Paslı, p. 69 59 2015 TURKPATENT Trademark Examination Guideline, p. 119 (https://www.turkpatent.gov.tr/TURKPATENT/resources/temp/F9E4CFAFA7AE-4FEA-8BCC-DA8B5C7DAB00.pdf, Son erişim tarihi: 17.10.2021). Throughout the remainder of the study, “2015 Guideline” will be used as a brief reference. 60 EUIPO, Guidelines for Examination of European Union Trademarks, Part C, Section 2, Chapter 2, para. 1.2.1. 61 Paslı, p. 36. 62 Ünsal, p. 6.
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