A look at the NOSTER - FOSTER Decision of the General Court of
the Court of Justice (T-550/19)
In Turkey we encounter a cliché judgement when examining
the likelihood of confusion among trademarks when it comes to goods
in class 5 of the Nice classification,"The consumer
segment of the goods included in class 5 consists of people with a
high level of attention, and thus, in order to reach the conclusion
that there might be a likelihood of confusion, there needs to be a
higher level of similarity – sometimes at the level of
identity – between the signs and identity between the
goods."
The reason we, at
Ankara Patent Bureau, consider this judgement a cliché
is that the assumption supporting this judgement, that is, the
assumption that the consumer group of the goods in class 5 are
composed of people with a high level of attention, is, in our
opinion, not correct in terms of all goods included in class 5.
