# Can a Similar Trademark Cause Refusal?

> Is a similar mark always a ground for refusal? What the Office refuses of its own motion, what needs an opposition, and how to register anyway.

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- Last updated: 2026-08-20
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The existence of a similar mark does **not** mean your application will automatically be refused. Refusal requires two conditions to be met together:

1. **The signs must be similar** (visually, phonetically or conceptually), and
2. **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](https://www.webx.net.tr/en/blog/likelihood-of-confusion-in-trademark-law).

## 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

1. **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](https://www.webx.net.tr/en/blog/trademark-registration-with-a-letter-of-consent).
2. **Narrowing the scope.** Where the clash is confined to particular goods or services, removing those items may allow registration for the rest.
3. **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.
4. **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](https://www.webx.net.tr/en/blog/how-to-do-a-trademark-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?](https://www.webx.net.tr/en/blog/why-trademark-applications-are-refused); if you have been opposed, see [An Opposition Has Been Filed Against My Trademark](https://www.webx.net.tr/en/blog/trademark-opposition-filed-against-my-application).

## 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](https://www.webx.net.tr/en/hizmetler/marka-tescil) team will assess the similarity risk class by class.

## Frequently Asked Questions

### If a similar mark exists, will my application definitely be refused?

No. Similarity alone is not enough; the goods and services must also be identical or similar. The degree of similarity is also decisive: indistinguishably similar marks are refused by the Office of its own motion, while lower degrees are assessed only if an opposition is filed.

### Can the same name be registered in a different sector?

In most cases yes. Protection is limited to the goods and services selected, so the same name may be registered by different proprietors in unrelated sectors. The exception is well-known marks, where protection may extend across classes.

### Does adding a word remove the similarity?

As a rule no. If the added word is descriptive ("textile", "group", "digital", "market") it adds no distinctiveness and the comparison is made on the core word. Adding a distinctive, original word may change the outcome.

### A similar mark exists but the owner consents. What can I do?

A notarised letter of consent from the earlier proprietor is the route to overcoming a refusal based on an identical or indistinguishably similar mark. We deal with the conditions and procedure separately.

### How do I see the similarity risk before filing?

By running a pre-filing search in your chosen classes that screens not only identical names but marks close in appearance and sound — the same criteria the Office applies.

## Related Resources

- [Trademark Registration](https://www.webx.net.tr/en/hizmetler/marka-tescil): Explains how a trademark application is handled before TÜRKPATENT, from the preliminary search and class selection to the registration certificate.
- [Legal Protection](https://www.webx.net.tr/en/hizmetler/hukuki-koruma): Explains attorney support for bulletin oppositions, appeals against refusals, counter-statements and trademark infringement cases.
- [What Is Likelihood of Confusion? How Trademark Similarity Is Assessed](https://www.webx.net.tr/en/blog/likelihood-of-confusion-in-trademark-law): What is likelihood of confusion in trademark law? Visual, phonetic and conceptual similarity, goods/services overlap, and the average-consumer test explained.
- [Why Are Trademark Applications Refused?](https://www.webx.net.tr/en/blog/why-trademark-applications-are-refused): Why are trademark applications refused? Absolute grounds under Article 5 and relative grounds under Article 6, which are raised ex officio, and how to avoid refusal.
- [How Do You Register a Trademark Using a Letter of Consent?](https://www.webx.net.tr/en/blog/trademark-registration-with-a-letter-of-consent): What is a trademark letter of consent and how do you obtain one? Notarisation, use after a refusal, risks for the consenting party and negotiation tips.
- [How to Do a Trademark Search](https://www.webx.net.tr/en/blog/how-to-do-a-trademark-search): How do you search a trademark? The steps for searching TÜRKPATENT records free of charge, what a similarity search must actually cover, and how to read the result.
- [How to Prepare an Evidence File for Trademark Proof of Use](https://www.webx.net.tr/en/blog/trademark-proof-of-use-evidence): Trademark proof of use in Turkey: which evidence counts, which five years apply, how to organize the file. A step-by-step guide for opposition and revocation.
- [Acquired Distinctiveness Through Use: Can a Descriptive Mark Be Registered?](https://www.webx.net.tr/en/blog/acquired-distinctiveness-through-use): Can a descriptive trademark be registered in Turkey through acquired distinctiveness? SMK Article 5(2) conditions, timing, evidence and how to build the file.