114 “Identity or Similarity of Goods of Services” Under The Industrial Property Code No. 6769 a trademark invalid also include the reasons stipulated in Articles 5 and 6 of the IPC. Therefore, if a trademark has been registered by TURKPATENT despite the existence of the grounds for refusal, an action for invalidity will be initiated, and it will be necessary to determine similarity or identity of goods/services. The determination of whether goods and services are similar or not holds significance in relation to the likelihood of confusion, as it plays a crucial role in identifying at which point the similarity of goods and services may lead to confusion. It is widely accepted that the presence of similarity between goods/services is a prerequisite for the possibility of confusion. This conclusion also emerges from the explicit provision of Article 6/1 of the IPC. It would be beneficial to assess the binding nature of the Nice classification in terms of similarity of goods/services. In the light of the decisions of the Court of Cassation, it can be argued that in the evaluation of similarity of goods/services to be conducted by the court within the scope of a specific case, there is no obligation to interpret that there is no similar goods/services if the Nice classifications are different. Pursuant to Article 3/4 of the Communiqué on Classification published by TURKPATENT, it is mentioned that during the examination of trademark applications or objections, groups can be interpreted more narrowly or more broadly. In this context, while the Nice classes can serve as a reference point for the examining expert, they will not be binding. In determining the similarity of goods/services, in addition to the Nice Classification, trademark offices aim to achieve uniformity in practice by using methods such as cross-classification and similarity tool provided by the EUIPO. Furthermore, TURKPATENT is developing application principles and issuing guidelines in relation to these matters. In the context of similarity of goods/services, various criteria have been envisaged in the light of doctrine and judicial decisions, and these criteria serve as guiding principles in the assessment of similarity.
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