Similar & close goods/services
Even in different classes, offerings can meet. What's decisive is not the class number but whether the goods go together from the public's perspective.
The class is only a grid
Whether two goods are similar is assessed by their nature, their purpose, their distribution channels and their public – not just by the class number. Beer and non-alcoholic drinks, for example, are closer than their classes suggest.
That's why a likelihood of confusion can also exist across class boundaries when the offerings are materially close.
Partial overlap
Close goods, real conflict zone
Even without an identical class, a conflict zone arises when the goods meet in the market.
The market beats the class number
What the customer experiences in the same context can be confused – class or not.
How we take this into account
Pro considers not just the class number but the material proximity of goods and services – so cross-class conflicts also stay visible.
We keep your market in view
Activate free basic protection – Pro additionally weighs the proximity of goods.
This article is for information and does not constitute legal advice.