100 “Identity or Similarity of Goods of Services” Under The Industrial Property Code No. 6769 III. DETERMINATION OF SIMILARITY OF GOODS/SERVICES A. Additional Methods Used by Registration Offices 1. Cross-Classification In searches conducted for earlier trademarks, it is possible that similar trademarks protecting similar goods and services may not appear in the search report due to differences in Nice classes. Crossclassification is a method devised to tackle this issue.63 In this method, the office responsible for registration identifies classes containing goods/services that are considered similar to each other and compiles them in a list. When examining a trademark application in a certain class for similar goods/services, the examination is not limited to that specific class only; it is also carried out in the cross-classified class that has been matched.64 After the search is conducted, experts examine the trademark in terms of cross-classified similar trademarks as well, and then make their decisions. During the publication and registration process of applications, only the classes in which the application has been filed are mentioned in the documents or official records. Cross-classifications are for examination purposes only and are not included in any official publications or documents.65 In some countries, the relevant crossclassification list is considered binding for the examining expert, while in others, it is regarded as a guiding reference for the expert.66 2. Similarity Tool The second auxiliary method used by trademark offices to determine the similarity goods/services is the “Similarity Tool,”67 which is a computer program developed by the EUIPO. 63 Ünsal, p. 49. 64 Paslı, p. 36, 37. 65 Ünsal, p. 51. 66 For detailed information regarding the practices of trademark offices concerning cross-classification, see. Ünsal, p. 49 ff. 67 Similarity Tool (https://euipo.europa.eu/sim/searchList/search, Last accessed: 17.10.2021).
RkJQdWJsaXNoZXIy MTQ3OTE1