JPO – Examination guidelines for similar goods and services
Examination guidelines for similar goods and services
(corresponding to the 10-2014th edition of the international classification) Implementation note of the Examination Guideline for similar goods and services
1. The Examination Guideline for similar goods and services, which has been finalized based on the opinions of organizations, is uniform standards for all trademark examiners, and all examinations for similarity of goods or services is in principle conducted in accordance with this Guideline.
2. In this Guideline, goods or services grouped and enclosed by a rectangle box are in principle presumed to be similar to each other.
Nevertheless, it should be noted that in examining the similarity of goods or services specifically and individually, or based on the changing actual circumstances of business and economies, there could be some cases in which goods and services that are presumed to be similar according to these guidelines might be recognized to be dissimilar; while goods and services that are not deemed to be similar based on these guidelines might in fact be regarded as similar.
3. Handling of similar goods and services that are classified under multiple classification
When other classes are written in brackets [ ] below the boxes showing goods or services, this indicates that in that class there are goods or services similarly enclosed in other boxes that have the same codes (hereinafter referred to as gsimilarity codesh) written at the right sides of each respective box, and the goods or services, which are grouped in each goods or services enclosed in boxes, are in principle presumed to be similar to each other.
4. Cross Search
A Cross Search will be conducted on the scope of goods which are presumed to be similar, for applications designating services prescribed in Article 2(2) of the Trademark Act (Retail and/or Wholesale Services); and a Cross Search will be conducted also on the scope of retail and/or wholesale services that are presumed to be similar, for applications designating goods.
5. Remarks Columns
Any similarities of individual goods and/or services are to be indicated in the remarks columns.
6. Handling goods and services with multiple similarity codes
Except for cases in which remarks are specifically indicated in the remarks columns, goods and services with multiple similarity codes are presumed to be similar to each other if they are (1) goods and services having the same multiple similarity codes, or (2) good and services having only one of the multiple similarity codes. Therefore, gElectronic publicationsh (26A01E26D01) grouped in Class 9 are presumed to be similar to each of the following goods in Class 9: gDownloadable image files,h gRecorded video discs and video tapesh (24E02E26D01), gExposed cinematographic films,h gExposed cinematographic filmsh and gSlide film mountsh (26D01); and are presumed to be similar to each of the following goods in Class 16: gPrinted matterh (26A01) and gPhotographsh gPhotograph standsh (26D01).
the Original content is from JPO http://www.jpo.go.jp/tetuzuki_e/t_tokkyo_e/goods_services_10-2014.htm