How to Determine Similarity of Goods/Services (2)
In the article “
How to Determine Similarity of Goods/Services (1)” in this website, we have explained that there are four basic categories of criteria for determining “similarity of goods/services”. Of those categories, we are explaining here “similarity between goods” which addresses the question as to whether the goods themselves are similar to each other.
In the assessment of “similarity between goods”, consideration should be given to the existence of the following factors in a comprehensive manner. In principle, this assessment should be made in accordance with the “Examination Guidelines for Similar Goods and Services”.
(a) manufacturing department is common;
(b) sales division is common;
(c) raw material and quality of products are common;
(d) intended use is common;
(e) group of consumers is common;
(f) there is a relationship between finished products and parts.
In addition, there are a number of theories for assessing “similarity between goods” in the more specific manner. In this regard there is a following precedent of the Supreme Court:
“
As to whether or not the designated goods of trademarks are similar, it is reasonable to conclude as follows: if the goods are usually manufactured or sold by the same business owner, and if the use of the same or similar trademark on the goods is likely to lead to misunderstanding that the goods are manufactured or sold by the same business owner, the trademarks are deemed to be similar even if the goods themselves are not likely to cause misunderstanding and confusion.”