110 “Identity or Similarity of Goods of Services” Under The Industrial Property Code No. 6769 “Bringing together of goods* for customers to conveniently view and purchase (said services can be provided through retail, wholesale stores, electronic platforms, catalogs, and other similar methods). *Specify the goods or group of goods in this section.” The relevant sub-group is designated as retail (merchandising) service and can be defined as services encompassing the sale of products as well as services broader than sales.105 In this context, when evaluating the similarity of goods specified or to be specified within the scope of sub-group 5 of Class 35, the question arises whether there is a likelihood of similarity with an application/ registration made on behalf of another party for the same Nice class that the specified goods are included. Prior to the amendment made in 2011, due to the absence of specification regarding the sale of which goods or services would fall under the scope of the application within the relevant sub-group, it was not clear in which good classes the registration of identical or similar trademark on behalf of another party could be prevented.106 Besides, the absence of clarity regarding the scope of the subgroup led individuals who had registered a trademark for use on any goods to also seek registration within Class 35 for the purpose of their sales.107 In this context, in the booklet titled “Information and Required Documents Regarding the Preparation of Trademark and Geographical Indication Applications” published by TURKPATENT in September 2004, it was stated that; 105 Fülürya Yusufoğlu, “Perakendecilik Hizmeti Sınıfı (35.05. Sınıf) ile Ürün Sınıfı Arasındaki İlişkilerin Marka Hukukundaki Etkisi [The Impact of the Relationship Between Retail Services Class (Class 35.05) and Product Classes in Trademark Law]”, GÜHFD, 2018, Vol. 17, I. 1, p. 338. 106 Deniz Topçu, “Marka Sınıflandırmasında 35. Sınıf İçeriğinin Perakende Satış Hizmetleri Alt Grubu Açısından Sağladığı Koruma (The Protection Provided by the Content of Class 35 in Trademark Classification for the Sub-group of Retail Services)”, IJOSPER, 2020, C. 7, S. 4, p. 911. 107 Ali Paslı/İsmail Cem Soykan, “Marka Tescilinde 35.08. Sınıfın Anlamı ve Kapsamı (The Meaning and Scope of Class 35.08 in Trademark Registration)”, Fikri Mülkiyet Hukuku Yıllığı, C. 2, Istanbul 2010, p. 450.
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