106 “Identity or Similarity of Goods of Services” Under The Industrial Property Code No. 6769 c. Relevant Public The relevant public can encompass a broad range, including the general public, a specific segment of the public, or even a professional community.86 The intended purpose of a product also plays a role in defining the relevant public it addresses, thus these two criteria are intertwined with each other.87 On the other hand, despite functional differences, products can still be considered as similar due to catering to the same relevant public. For instance, even though products in Class 20, such as “fishing baskets”, and products in Class 22, such as “fishing nets,” as well as products in Class 28, such as “artificial fishing baits, traps for hunting and fishing”, may have distinct usage methods, they share the same relevant public due to their relevance to the field of fishing.88 According to Article 6/1 of the IPC, the criterion used to determine the likelihood of confusion is the “public.” The term “public” refers to the relevant public to which the examined goods/services are addressed.89 In cases where the relevant public is the “general public” in a broad sense, TURKPATENT acknowledges that the relevant criterion has no impact on the assessment of similarity.90 d. Physical Appearance It is unlikely that products would result in confusion solely based on their physical appearance. The primary consideration lies in the potential for the relevant public to establish a connection between the products due to their physical similarity.91 In the absence of other criteria, it becomes considerably challenging for similarity to arise solely due to the physical appearance. 86 EUIPO, Guidelines for Examination of European Union Trademarks, Part C, Section 2, Chapter 2, para. 3.2.7. 87 Paslı, p. 77. 88 Paslı, p. 78. For other examples of goods/services that are similar despite being in different Nice classes, see. Ünsal, p. 48, 49. 89 Uzunallı, p. 684. 90 2021 Guideline, p. 406. 91 Paslı, p. 79.
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