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How is the scope of protection of trademark rights determined?




A trademark is composed of two elements: the sign or symbol, and the goods or services that the sign represents. It's important for applicants to determine both the sign and the goods or services when applying for a trademark. However, the protection provided by a trademark is not limited to just the sign and the specific goods or services listed on the certificate. If it's not extended appropriately to cover similar goods or services, it can be easily exploited or infringed upon. For instance, slight variations in spelling, such as "OLAY" and "OKLY," or "Adidas" and "Adidas," can cause confusion among customers. Additionally, two products that may appear similar, like mineral water and soda water, require a careful evaluation of their distinctiveness to avoid confusion. To determine if two products are similar, the Nice Agreement's International Classification of Goods and Services for the Purposes of the Registration of Marks is often used.



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