111 Union of Turkish Bar Associations Review 2023 Dilara Naz GÜLÜM “...businesses producing the goods defined in classes 01 to 34 are not required to register them separately in class 35.08 (currently 35.05), assuming that they naturally sell the goods they produce.” 108 Paslı/Soykan has also emphasized that the sale of goods produced is not considered a “service” falling within the scope of Class 35.05, as the sale of goods produced within a business is already a natural outcome of its operational activities.109 TURKPATENT, referring to the decision of the Court of Justice of the European Union in the PRAKTIKER case,110 made a change in practice as of November 21, 2011, regarding the “Services for bringing together various goods to enable customers to conveniently view and purchase them.” TURKPATENT has concluded that “Services for bringing together various goods to enable customers to conveniently view and purchase them” in Class 35 will not be considered as a “sale of goods or services” and that the specified service should be regarded as “the service of presentation of goods in a retail sales environment”, and service descriptions specifying certain goods have become eligible for registration.111 Following these explanations, it should be noted that there may arise a likelihood of confusion between trademarks112 and service marks.113 Retail trade services, as a rule, are not similar to the goods subject to such retail trade.114 However, if the enterprise operates 108 Topçu, p. 921. 109 Paslı/Soykan, p. 453. 110 CJEU, T. 07.07.2005, C-418/02 (ipcuria.eu, Last accessed: 06.06.2021). The recognition of retail trade of goods as a distinct service and the acceptance of trademark registration within Class 35.05 for the trademarks used during this activity were initially established through the decision of the European Court of Justice in the PRAKTIKER case. The decision states that there is no need for detailed specification of the relevant services for the registration of any trademark related to such services; however, it is indicated that “details related to the goods or types of goods associated with these services” need to be explained (Paslı/Soykan, p. 459, 461.). 111 Çolak, p. 223. 112 Trademarks can be divided into two categories as trade marks and service marks depending on its use for specific goods or services. See. Arkan, p. 43. 113 Paslı/Soykan, p. 462; Uzunallı, p. 694. 114 Uzunallı, p. 694. On the contrary, see. 2021 Guideline, p. 445; Yusufoğlu, p. 358. According to the 2021 Guidelines, it is accepted that there is a low level of similarity between the goods and the services of bringing together those goods.
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