108 “Identity or Similarity of Goods of Services” Under The Industrial Property Code No. 6769 f. Origin of Goods/Services The EUIPO Examination Guidelines indicate that the attribution of similarity may arise from the goods/services emanating from the same origin. The EUIPO bases its approach on the statement of the Court of Justice of the European Union in the Canon case, which indicates that there is a likelihood of confusion when there is a perception in the public that goods/services originate from the same undertaking or from economically connected undertakings. In this context, the relevant Guide specifies that this criterion should be evaluated in conjunction with all other criteria. It is emphasized that the term “source” does not solely refer to the producer, but rather whoever controls the production of the goods or the provision of the service. Furthermore, the criterion must be applied restrictively, and its significance diminishes in cases where all goods/services are provided under the control of a holding company or an international corporation.97 In legal doctrine, Uzunallı has also contended that in cases where different goods are manufactured by the same enterprise, such goods should not be deemed as similar. It is underscored that relying solely on this criterion will not suffice to classify goods as similar.98 Paslı also emphasizes that the similarity of goods should not solely be determined by the fact that they are produced by the same enterprise. Paslı indicates that the relevant criterion is associated with goods being manufactured from the same raw material or as a result of the same production process.99 g. The Relationship Between Goods/Services The fact that the compared goods/services complement each other, can be substituted for one another, or can compete with each other establishes a connection between the products and renders them similar. If the goods/services under comparison can be substituted for each other and perform the same function, they are deemed “interchangeable,” consequently placing these goods/services “in 97 EUIPO, Guidelines for Examination of European Union Trademarks, Part C, Section 2, Chapter 2, para. 3.2.8. 98 Uzunallı, p. 687. 99 Paslı, p. 80.
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