ERDEM-NEWSLETTER-2018-metin

321 INTELLECTUAL PROPERTY LAW daily life, shall be the public; whereas, the collocutor of a glass cutting machine shall be the glass producers. Within this scope, the evaluation is not related only to appearance. The time and the money that consumers spend in the purchase of the goods also play an important role. The sectoral consumers’ possibility to confuse trademarks is considered as low since it is accepted that they conduct more research before they prefer one trademark over an- other, and they are, on the whole, more conscious. For the trademarks whose collocutors are the public, the likelihood of confusion is rather high, because it is accepted that the public purchases goods through impressions that are made in their minds and, thus, they do not spend much time in research and, so, the items are easily confused. On the other hand, the likelihood of confusion increases when the trademark is distinctive or unique. The originality of the trademarks is determined in line with their base element. Auxiliary elements are not taken into account in this evaluation. The protection shall be far- reaching and powerful, so long as the base elements’ meaning, words, shape, sound, color, and combination of these issues are distinctive. Thus, if the distinctiveness of the common element of the trademarks is weak, the likelihood of confusion decreases, and the protection sphere lessens. Finally, in order that the likelihood of confusion exists, the goods that are subject to confusion shall be in the same or similar goods or services class. In other words, if the base element of the trademark that belongs to a different goods or services class are the same or similar, the likelihood of confusion does not occur. For instance, even if the common elements used in a motor vehicle and perfume are similar, this cannot be deemed as confusion, unless the trademark is well-known. If the earlier registered trademark is well-known, the evaluation of confusion can be made even if the trademarks are for use in connec- tion with the goods or services that are not similar to those for which the earlier trademark is registered. However, if this is the case, one of the following conditions shall be met: the use without due cause of the subsequent trademark i) would take unfair advantage of, ii) be