Decree of Minister of Law and Human Rights No. 67 of 2016 regarding the Mark Registration stipulates more specific provisions on assessment of similarity in principle, criteria to determine the similarity of goods and/or services, and criteria on well-known trademarks.
Assessment of similarity in principle
Similarity in principle is assessed by observing the resemblance of the dominant element of the two trademarks that may create the impression that there is similarity between these trademarks, whether it is because of the form of the dominant element, the position of the dominant element, the way the dominant element is written, or a combination of those or of phonetic similarity.
Criteria to determine similarity of goods and/or services either in the same class or a different class
– Nature of goods and/or services
– Purpose and method of use of goods
– Complementarity of goods and/or services
– Competition of goods and/or services
– Channel distribution of goods and/or services
– Relevant consumers
– Source of goods and/or services
Criteria of well-known trademarks
– Public knowledge or acknowledgment regarding the trademark in related business
– Sales volume and profit gained by the owner from the use of the trademark
– Market share controlled by the trademark on goods/services distribution in the public
– Coverage of trademark use
– Duration of trademark use
– Intensity and promotion, including value of investment in promotion
– Registration and application for registration of the trademark in other countries
– Enforcement of the trademark and acknowledgment of the trademark as a well-known trademark by competent authorities
– The value of the trademark gained from the reputation and the quality assurance of the products bearing the trademark
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