“‘S’ (Sheraton/Soyic Hotel)”

• 1. Within the scope of Art. 8(1)(b) of Decree Law No. 556, in the evaluation of whether the goods and services included in the goods and services lists of the trademarks are “identical or similar”, the class numbers of the goods and services subject to comparison should not be adhered to; the goods or services subject to comparison may be “identical or similar” even if they are in different classes.

• 2. While evaluating the similarity between signs, in addition to the visual, auditory and semantic similarity, the impression that they create as a whole in the eyes of the public (consumers) should be taken as a basis.

• 3. All factors that affect the perception of the trademark as a whole should be evaluated separately in each specific case and the possibility of confusion by the public (i.e. the average consumer who is not involved or an expert in the business but is a direct addressee) should be determined accordingly.

• 4. The fact that consumers can find a “connection” in any way between the compared signs is sufficient to accept that there is a similarity.

• 5. If the distinctiveness of the previous trademark is low, the results will be reached by considering the similarities/differences and distinctiveness of the non-overlapping components of the trademarks.

• 6. The fact that the previous trademark is well known within the scope of Art. 8(1)(b) of Decree Law No. 556 is an element that increases the possibility of confusion among the signs and a connection can be established even if the sign contains only one element of a well-known trademark.

• 7. The fact that a previous trademark is well known should be taken into account in the evaluation of the similarity of a trademark to be registered only in terms of the identical or similar goods and services.

• 8. Application for registration of the later trademark will be denied even if it will be used for different goods or services where an unfair advantage can be gained due to the level of recognition of the well-known trademark, the reputation of the well-known trademark can be tarnished or its distinctive character can be damaged.

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