105 Union of Turkish Bar Associations Review 2023 Dilara Naz GÜLÜM theater services are both considered entertainment services within the scope of the 2021 Guideline due to their shared nature as forms of entertainment.81 b. Purpose/Field of Use The concept of purpose or field of use pertains to the specific manner in which products are utilized, the domain in which they are employed, and the intended purposes they serve. It is worth noting that as the alignment between the intended purposes and fields of use of products becomes closer, the probability of similarity between these products also increases. The likelihood of such similarity does not necessarily mean that the products share same physical attributes or raw materials.82 What is significant is that the intended purposes of the products bear a substantial resemblance to one another.83 The Court of Cassation has indicated that, in view of the protective nature of the provisions of the Decree-Law No. 556, the concept of identical or similar goods/services should be interpreted broadly, and the trademark’s protective function should extend to all other goods or services fulfilling a similar function in the perception of customers.84 Moreover, within this criterion, in order for two products to be deemed similar, aside from the similarity in their intended purpose of use, it will also be required that their methods of attaining such purpose do not substantially differ from one another. For instance, products such as “waterproof coat” and “umbrella,” both designed to prevent users from getting wet, cannot be considered as similar. This is because the methods by which these products achieve their intended purpose are distinct, resulting in a low likelihood of association between the two.85 81 2021 Guideline, p. 397. 82 Paslı, p. 73. 83 Paslı, p. 74. 84 Court of Cassation 11th Civil Chamber, D. 27.04.2015, Case No. 2015/865, Judgment No. 2015/5841 (Kazancı Case Law Database, Last accessed: 06.06.2021). The use of the term “broad interpretation” in the decision is considered as problematic from a technical standpoint, see. Paslı, p. 74, fn. 180. 85 Phillips Jeremy, Trademark Law: A Practical Anatomy, New York 2005, p. 336 (As cited in Paslı, p. 75.).
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