Trademark Law: Note-based Similarity

Generally, the similarity of designated goods or services in a trademark registration application is determined by the similarity group code.

However, there are cases where goods or services are considered similar even if their similarity group codes are different. Such cases are referred to as 'note-based similarity'.

The term 'note-based similarity' is based on the entries in the 'Notes' column of the Examination Guidelines for Similar Goods and Services. Specifically, in the case of goods or services with note-based similarity, there is a statement in the 'Notes' column of the Examination Guidelines for Similar Goods and Services indicating that the individual goods or services are presumed to be similar.

In other words, during a pre-application search, there are cases where it is not possible to extract the prior trademark applications that should be checked by relying solely on searches by goods/services and similarity group codes.

Although it takes a little extra effort, it may be a good idea to check the JPO's "List of Goods and Services with Note-based Similarity".

● Related Articles (Quite detailed)

● Reference Information
・JPO Examination Guidelines for Similar Goods and Services
・JPO List of Goods and Services with Note-based Similarity

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