102 “Identity or Similarity of Goods of Services” Under The Industrial Property Code No. 6769 should be evaluated as similar/related goods and services would be addressed to determine the likelihood of confusion. In this case; a- If the answer is “definitely no,” without the need for further examination, the goods and services would be considered dissimilar/unrelated to each other. b- If the answer is “definitely yes,” without the need for further examination, the goods and services would be considered similar/related to each other. c- If the answer indicates that there is a low/moderate level of similarity or an indirect relationship between the goods and services, then the possibility of confusion would be assessed through additional tests. In applying these additional tests, the specific circumstances of each case would be taken into account, and all relevant factors affecting the dispute would be considered. However, in the 2021 Guideline, there is no mention of such a stepby-step evaluation, and instead, the criteria set out by the European Court of Justice in the Canon case regarding the examination of similarity of goods/services are included. After listing these criteria, it is indicated that the criteria common to the goods/services will be identified, and based on this determination, a decision regarding the level of similarity will be made.72 According to the 2021 Guideline, the classification of the degree of similarity of goods/services will be done in five separate categories, which are as follows: 1. Different (goods/services that are not identical or similar), 2. Low level of similarity goods/services, 3. Similar (average level of similarity) goods/services, 4. High level of similarity goods/services, 5. Identical goods/services.73 72 2021 Guideline, p. 394. 73 2021 Guideline, p. 394.
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