107 Union of Turkish Bar Associations Review 2023 Dilara Naz GÜLÜM e. Sales Channels/Places In the context of similarity of sales channels/places, the crucial aspect to emphasize is when the products are sold in the same type of shops, side by side or very closely, on the same shelf or display.92 Sales, advertising, and promotional methods, on the other hand, do not hold significant power for determination of similarity.93 In the EUIPO Examination Guidelines, it is emphasized that the decisive factor is the presentation of products in the same section rather than their mere presence in the same store. The fact that products are sold in different places can indicate that the products are not similar. For example, even though both bicycles and wheelchairs are classified in the Class 12, they would not be considered as similar because they would not be sold in the same place.94 In the 2021 Guideline, it is stated that if goods are delivered through the same distribution channel, it is presumed by the relevant public that they are produced by the same enterprise. Therefore, it is stated that this criterion affects the assessment of similarity.95 However, as also indicated in the 2021 Guideline, in today’s context, supermarkets sell a wide variety of goods, and therefore, the relevant public is aware that products sold in such places come from different enterprises.96 We are of the opinion that the relevant criterion impacts similarity regardless of the impression that the goods emanate from the same origin. 92 Ünsal, p. 38. 93 Paslı, p. 84. 94 EUIPO, Guidelines for Examination of European Union Trademarks, Part C, Section 2, Chapter 2, para. 3.2.6. Paslı has indicated that the relevant goods are distinguished based on other factors such as function, relevant public, structure, substitutability; thus, even if they are sold in the same type of store, they will not be considered as similar. See. Paslı, p. 84, fn. 217. 95 2021 Guideline, p. 404. 96 2021 Guideline, p. 405. The Guideline mentions that in cases where certain types of goods are exclusively (or predominantly) found and sold in specialized stores focusing on a particular area, it can be perceived that the goods originate from the same business, thus this criterion can be used in the assessment. In our opinion, in today’s context, the perception has arisen that even in specialized stores that exclusively sell a particular type of goods, products from different origins can be sold. Therefore, it is necessary to separately evaluate the criteria of having a similar origin and the similarity of sales channels/places.
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