ERDEM-NEWSLETTER-2018-metin

320 NEWSLETTER 2018 Possibilities and the Results of Trademark Confusion* Att. Yesim Tokgoz Trademarks are the vehicles that are used to differentiate compa- nies one from the other. They help to capture the consumers’ attention. It is essential and necessary to protect trademarks that are created and improved with capital and effort, from unrightful use by third parties, and to prevent the encroachment of trademarks through confusion. One of the most efficient functions of intellectual property law is to encumber imitations, and to halt improper benefit by using the popu- larity of the trademarks to their consumers. On the other hand, in our daily lives, we often see trademarks that are similar, and may wonder how they co-exist at the same time. In this article, we will shed light on the reasons why similar trademarks can be registered, the criteria that cause trademark confusion, and the remedies to prevent and/or remove these infringements. Confusion In trademark law, confusion means the similarity of the common points of two things. Within this scope, the confusion of the trade- marks is to create sameness or similarity in order to confuse the con- sumers. The likelihood of confusion is sufficient for the rightholders, who registered their trademarks first, to request the removal of the act. An intentional act or damage is not necessary in the existence of this type of confusion. The Criteria of Trademark Confusion In order to evaluate trademark confusion, there should be a similarity or sameness formed in the average consumer’s mind. The average consumer is determined in line with the collocutor that the trademark addresses. The collocutor of goods that are utilizable in * Article of April 2018