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The Fine Line in Identical and “Indistinguishably Similar” Trademarks: Invalidity Actions (Industrial Property Code Art. 5(1)(ç) and Its Application)
1) What Do “Identical” and “Indistinguishably Similar” Mean? SMK Art. 5(1)(ç) expresses the absolute grounds for refusal regime that prevents the registration of signs that are “identical” or “indistinguishably similar” to an earlier registered (or filed) trademark, in respect of the same or the same type of goods/services. In the case of “identicalness” (identity), the signs are identical; in such a scenario, the debate on likelihood of confusion can often operate almost lik
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