The existence of a similar mark does not mean your application will automatically be refused. Refusal requires two conditions to be met together:
- The signs must be similar (visually, phonetically or conceptually), and
- The goods and services must be identical or similar.
If the second condition is not met, then however close the marks are, refusal is not, as a rule, required. A furniture brand and a software brand sharing a name can usually coexist.
There is also the question of which channel the refusal comes through — and that is the distinction most applicants miss.
Two Different Channels of Refusal
1) The Office refuses of its own motion: "indistinguishably similar"
Where an identical or indistinguishably similar mark is already registered or applied for in respect of identical or identical-type goods and services, TÜRKPATENT identifies this without anyone opposing and refuses (Article 5/1-ç).
The threshold here is high. "Indistinguishably similar" describes a level at which the average consumer could not tell the two apart even side by side — in practice, near identity.
2) Refusal on opposition: likelihood of confusion
Lower degrees of similarity are relative grounds (Article 6/1) and are, as a rule, assessed only if the earlier right holder opposes.
This has an important consequence: passing the Office's examination does not mean there is no similar mark. Your application may be published and then met with an opposition within the two-month period.
When Is Similarity "Enough"?
There is a balancing relationship between the two axes:
| Similarity of signs | Proximity of goods/services | Likely outcome |
|---|---|---|
| Very high | Same class, same sub-group | Refusal likely |
| Very high | Related but different class | Open to assessment |
| Moderate | Same sub-group | Open to assessment |
| Moderate | Unrelated sector | Refusal unlikely |
| Low | Same class | Refusal unlikely |
The table is an indication rather than a guarantee: every file is decided on its own evidence. How the visual, phonetic and conceptual dimensions are measured, and the principles of dominant element and overall assessment, are set out in Likelihood of Confusion.
Three Common False Assumptions
"If I add a word it becomes different"
A descriptive addition adds no distinctiveness. An application for "ARYA TEXTILE" against an earlier "ARYA" does not remove the similarity; the comparison is made on the dominant element, "ARYA". The same applies to "group", "digital", "market" and "store".
"The spelling is different, so it is fine"
Phonetic similarity alone can be sufficient. "CLEVER" and "KLEVER" are spelt differently but sound identical in Turkish pronunciation. Consumers also learn brands by word of mouth.
"Our logos are completely different"
In composite marks the word element is treated as more dominant than the figurative element. Consumers remember a brand by its name — they search for it and recommend it by name.
Routes to Registration Despite Similarity
- A letter of consent. A notarised written consent from the earlier proprietor is the route to overcoming refusal based on identity or indistinguishable similarity: Registration with a Letter of Consent.
- Narrowing the scope. Where the clash is confined to particular goods or services, removing those items may allow registration for the rest.
- A proof-of-use request. If the opponent has held the mark for more than five years without using it, you may require proof of use (Article 19). If they cannot prove it, the opposition is rejected.
- Adding a distinctive element. A non-descriptive, original word or a strong figurative element may change the similarity assessment.
Seeing the Risk Before You File
Almost all similarity-based refusals could be anticipated by a pre-filing search. The critical point is that the search must not be limited to identical names: the criterion applied by the Office and by opponents is visual and phonetic proximity.
Running a similar-mark search in your chosen classes is the only way to see the risk in a process where fees are not refunded.
For the full set of grounds see Why Are Trademark Applications Refused?; if you have been opposed, see An Opposition Has Been Filed Against My Trademark.
Get a Similarity Assessment
If you have a mark with a possible clash, do not leave the decision to guesswork. Share your brand name and field of activity, and our trademark registration team will assess the similarity risk class by class.