# Company Name Search vs Trademark Search in Turkey: The Difference

> A company name search checks the trade registry; a trademark search checks the TÜRKPATENT register. Why a trade name is not a trademark and which to run first.

- Canonical: https://www.webx.net.tr/en/blog/company-name-search-vs-trademark-search
- Language: en
- Last updated: 2026-09-22
- Publisher: Webx Marka Patent ve Fikri Sınai Haklar Danışmanlık A.Ş. (https://www.webx.net.tr/)

_Machine-readable copy of the page above. The canonical HTML page is authoritative; fees and regulations may change — check the last-updated date._

---

A company name search checks whether the trade name of the company you are setting up clashes with another trade name in the trade registry; a trademark search, on the other hand, shows whether the same name is registered or applied for in the TÜRKPATENT trademark register for goods and services. **The two searches cover different registers, and a positive result in one does not replace the other:** registering a trade name without any problem does not give you trademark rights in that name.

Below we briefly clarify what "company name" means, then look at where and how each search is done, what each shows and does not show, the situations in which the two searches must be run together, and, step by step, the right order from choosing a name to filing an application.

## What Is a Company Name? Is It the Same as a Trade Name?

"Company name" is the everyday expression for the official name of a business; its legal counterpart is usually the **trade name** (ticaret unvanı). A trade name is the official name under which a merchant carries out commercial transactions and signs documents; a hypothetical trade name such as "Nordika Gıda Sanayi ve Ticaret Limited Şirketi" shows the company's legal identity.

The short name used on a shop sign or in advertising may be a business name (işletme adı), while the sign placed on products is a trademark. All three may carry the same word, but they are three separate legal institutions. Under Article 53 of the Turkish Commercial Code (TTK), business names must also be registered in the trade registry by their owners, so checking a business name, like checking a trade name, stays on the trade registry side. We give a detailed legal account of the differences and of who prevails when they clash in our article on [trade name vs trademark differences](https://www.webx.net.tr/en/blog/trade-name-business-name-and-trademark-differences); the focus here is the practice of searching.

## Where and How Is a Company Name Search Done?

A company name search means checking whether the trade name you propose is already used in the trade registry and whether it complies with the rules on trade names. The timing of the search is also clear: under Article 40(1) TTK, a merchant must register and publish their commercial business and chosen trade name in the trade registry of the place where the business is headquartered within fifteen days of the business opening. That is why checking the trade name is one of the first tasks in preparing for incorporation, and three sources are used together.

### Trade Name Search in the Turkish Trade Registry Gazette

The website of the Turkish Trade Registry Gazette (Türkiye Ticaret Sicili Gazetesi), published by the Union of Chambers and Commodity Exchanges of Turkey (TOBB), offers a "Trade Name Search" (Unvan Sorgulama) service. It shows whether a trade name is in use and, if so, at which registry office and under which number it is recorded. The announcement viewing section of the same site also gives access to companies' past registration announcements.

Under Article 35(4) TTK, trade registry records are announced throughout Turkey in this gazette. The gazette is therefore the primary source for seeing when, and with what content, a trade name was registered.

### MERSİS and the Trade Registry Office's Review

MERSİS (the Central Registry Record System) is the central information system through which the Ministry of Trade carries out registration, amendment and deregistration procedures for companies and commercial businesses electronically. The incorporation application is prepared through this system, and the proposed trade name goes through the review of the trade registry office at the registration stage.

This review looks at whether the trade name complies with the rules of commercial law; it does not search the trademark register for conflicts on your behalf. The fact that a trade name is registered without any problem does not mean that the same word is not someone else's trademark.

The "Commercial Business and Company Search" (Ticari İşletme ve Şirket Sorgulama) service on e-Devlet, Turkey's government services portal, is also useful for seeing your own records: it lists the businesses and companies in the trade registry of which you are the owner, a partner or an authorized signatory. Before a new branding decision, you can quickly compile here the trade names carried by the companies in your group.

### The Basic Rules a Trade Name Must Follow

What makes the search meaningful is knowing the rules on trade names. Under Article 43 TTK, joint stock and limited companies may freely choose their trade names provided that the field of business is shown, and the trade name must contain the words "anonim şirket" (joint stock company) or "limited şirket" (limited company). Under Article 45 TTK, an addition is made to a trade name where necessary to distinguish it from another trade name previously registered at any registry office in Turkey. Article 46(3) TTK provides that the words "Türk", "Türkiye", "Cumhuriyet" and "Millî" may be included in a trade name only by a decision of the President.

## What Does a Trademark Search Cover?

A trademark search shows whether an identical or similar sign is registered or pending in the trademark register of TÜRKPATENT (the Turkish Patent and Trademark Office) for goods and services identical or similar to yours. The register searched is entirely separate from the trade registry.

Webx's [Turkish trademark search](https://www.webx.net.tr/en/hizmetler/marka-sorgulama) tool, which is free to use, lists the results with the application number, trademark name, applicant, registration or publication date, status, classes and figurative element. When you need to confirm who owns a mark you have found, the route to follow is set out in our guide to [trademark owner search](https://www.webx.net.tr/en/blog/trademark-owner-search).

The legal importance of the search comes from the following: under Article 5(1)(ç) of the Industrial Property Law No. 6769 (SMK), the Office refuses of its own motion applications that are identical or indistinguishably similar to an earlier mark for identical or same-type goods and services. Similarity at the level of likelihood of confusion, by contrast, is examined under Article 6 SMK only upon opposition. Only a search of the trademark register can reveal either risk; a trade name search shows neither.

The reverse is also true: a trademark search does not show trade names. Yet Article 6(6) SMK provides that your application may be refused upon the opposition of the owner of a trade name if it contains someone else's trade name, and Article 6(3) opens the way to opposition for persons who have acquired rights in signs previously used in trade. In other words, the trade name search protects not only your incorporation but also your trademark application.

## The Two Searches Side by Side: A Comparison Table

The two searches answer different questions. The table below summarizes which record sits in which register and what a positive result actually means:

| Search | Register searched | What does it protect? | Who checks? | What a positive result means |
| --- | --- | --- | --- | --- |
| Company name (trade name) | Trade registry; trade name search of the Turkish Trade Registry Gazette | The official name a merchant uses in commercial transactions | The founder or accountant; at registration, the trade registry office | The trade name can be registered; no trademark right arises |
| Business name | Trade registry | The name that presents and distinguishes the business | The business owner; the trade registry office | The name can be registered as a business name |
| Trademark | TÜRKPATENT trademark register | After registration, an exclusive right across Turkey for the goods and services covered | You or your attorney; the Office of its own motion for identical or indistinguishably similar records | No obstacle at first sight; not a guarantee of registration |
| Domain name and social media | Registrars and platforms | A technical address or account name | You | The address can be taken; no trademark right arises |

## Why Does Registering a Trade Name Not Give Trademark Rights?

Because the two rights rest on different laws and different registers. Article 7(1) SMK is clear: "The trademark protection provided by this Law is obtained through registration." The right in a trade name, by contrast, is under Article 50 TTK the right to use a trade name that has been duly registered and published; it does not confer the prohibition rights SMK provides against the use of the name as a mark on goods and services.

This does not mean a trade name is useless. Article 6(6) SMK provides that an application may be refused upon the opposition of the right holder if the mark applied for contains someone else's trade name. But this is a defensive tool and requires you to file an opposition; it does not provide active, nationwide trademark protection. We discuss the general risks of unregistered use separately in our article on using an [unregistered trademark](https://www.webx.net.tr/en/blog/using-an-unregistered-trademark).

## Can Using a Registered Trademark as a Trade Name Be Infringement?

Yes. Article 7(3)(e) SMK expressly lists the use of a sign identical or confusingly similar to a registered trademark as a trade name or business name among the uses the trademark owner may prohibit where the conditions in Article 7(2) are met.

For example, if "NORDIKA" is registered as a trademark for software services in someone else's name and you set up a company with the trade name "Nordika Yazılım A.Ş.", the trade registry may well register the trade name. However, the trademark owner may ask the court, under Article 149 SMK, to establish the infringement, stop it and award compensation for the damage. Your trade name remains in the registry, but you may find yourself unable to use it in business.

The same risk arises when an existing company changes its trade name; we cover this scenario in detail in our article on whether a [company name change affects a trademark](https://www.webx.net.tr/en/blog/does-a-company-name-change-affect-a-trademark). There is a small exception for natural persons: Article 7(5)(a) SMK lists natural persons honestly indicating their own name or address among the uses the trademark owner cannot prevent. This exception does not cover the trade names of legal entities.

## When Should the Two Searches Be Run Together?

In short: always, if the name will be the identity of both the company and the product or service. In practice, the two searches should be run together in these situations:

- **Setting up a company:** If the core word in the trade name will also be a product or service name.
- **Changing a trade name:** So that the new trade name does not collide with someone else's registered trademark.
- **A new product line or sub-brand:** If the line name will also be used as a trade name or business name.
- **Branches, dealerships and franchising:** If businesses will be opened under the same name in different provinces.
- **Opening an e-commerce store:** Marketplaces may ask separately for the store name and the trademark record.
- **A foreign company's branch in Turkey:** The branch's trade name is recorded in the trade registry and its trademark with TÜRKPATENT, separately.

## The Right Order: Six Steps from Name to Application

The safest order is to settle the trademark side before the trade name, because the most expensive thing to change later is a mark that has been built into your products and communications. A trade name is not easy to change either: the change is registered in the trade registry and published, after which bank, tax and contract records have to be updated. Building both records on the same core word from the outset eliminates that cost.

1. **Draw up a shortlist:** Pick two or three strong candidates instead of committing to a single name.
2. **Run a trademark search:** Search the candidates in the TÜRKPATENT register, with identical and similar spellings, in the relevant classes.
3. **Run a company name search:** Check whether the candidates that come out clean on the trademark side are already used as trade names.
4. **Check domain names and social media:** Reserve the address and account names for the suitable name; we explain the differences in our article on [domain names vs trademark registration](https://www.webx.net.tr/en/blog/domain-name-vs-trademark-registration).
5. **File the trademark application:** Because priority is determined by the filing date, apply without delay to [register your trademark](https://www.webx.net.tr/en/hizmetler/marka-tescil).
6. **Set up the company or register the trade name:** Build the trade name on the core word that matches your trademark application.

If the company has not been set up yet, it is possible to file in the founder's name and assign the mark to the company later; the details of filing in a company's name are in our article on [trademark registration for limited companies](https://www.webx.net.tr/en/blog/trademark-registration-for-limited-companies). How to plan the timing around business events is covered in our guide on [when to register a trademark](https://www.webx.net.tr/en/blog/when-to-register-a-trademark).

## Common Mistakes in Company Name Searches

What these mistakes have in common is treating a positive result in one register as valid for the other.

### 1. Saying "The Trade Name Is Registered, So the Name Is Ours"

Registering a trade name gives the right to use the name in commercial transactions; using it as a trademark on products requires a separate trademark registration. This assumption usually surfaces years later, in a warning letter from someone who has registered the same name as a trademark; by that point, all your packaging, signage and digital assets are at risk.

### 2. Searching Only for the Identical Trade Name

A company name search looks for an exact match; on the trademark side, similar spellings and pronunciations also carry risk. A spelling such as "Nordica" that does not come up in a trade name search may clash with "NORDIKA" in the trademark register.

### 3. Relying on Company-Type and Sector Suffixes

Suffixes such as "Ticaret" (Trading), "Limited Şirketi" or "Yazılım" (Software) can distinguish a trade name, but in a trademark assessment they are usually not considered distinctive. The clash happens on the core word that remains once the suffixes are removed.

### 4. Waiting Months Between the Search and the Filing

Both registers change every day. An application filed months after the search may fall behind an application filed in the meantime; refresh both searches immediately before you file.

## Conclusion

Key takeaways:

- A company name search covers the trade registry and a trademark search covers the TÜRKPATENT trademark register; neither replaces the other.
- Registering a trade name does not give trademark rights in that name; trademark protection is obtained through registration.
- Using a registered trademark as a trade name or business name may be prohibited under Article 7(3)(e) SMK.
- The right order: candidate names, trademark search, trade name search, domain name and social media, trademark application, incorporation.
- Repeat both searches immediately before filing; the registers change every day.

### Shall We Check Your Name in Both Registers?

Share your candidate company name and your field of activity through our [contact page](https://www.webx.net.tr/en/iletisim); we will search the name in the TÜRKPATENT trademark register together with similar marks, note the position on the trade name side, and send you the pre-filing risks and the order to follow in writing.

## Frequently Asked Questions

### If a trade name does not come up in a company name search, will it definitely be registered?

No. A trade name search shows whether the same trade name is recorded in the trade registry; the final assessment is made by the trade registry office at the registration stage. The trade name must also comply with the rules of the Turkish Commercial Code: the company-type wording, the field of business, a distinguishing addition where necessary, and the requirement not to be misleading. So before preparing the incorporation documents, review the trade name against these rules with your accountant as well.

### Can I register my trade name if a company with the same name exists in another province?

Under Article 45 of the Turkish Commercial Code, if a trade name needs to be distinguished from another trade name previously registered at any registry office in Turkey, an addition is made to it. In other words, the comparison is not limited to your own province. A trade name distinguished by an addition can be registered; however, this does not mean that the same word is free as a trademark.

### My sole proprietorship's trade name is my own name; do I still need a trademark search?

Yes. The trade name of a natural-person merchant consists of their first name and surname, and Article 7(5) of Law No. 6769 lists a natural person honestly indicating their own name or address among the uses a trademark owner cannot prevent. However, this exception does not protect using the name as a product or service brand. If you will use your name as a logo or product name, check the trademark register separately.

### If I own a registered trademark, can someone else set up a company with the same name?

Because the trade registry does not search the trademark register on your behalf when examining a trade name, such a trade name may be registered. However, Article 7(3)(e) of Law No. 6769 provides that the use of a sign identical or confusingly similar to a registered trademark as a trade name or business name may be prohibited. In that case, as the trademark owner, you can consider a warning letter and court action.

### If a name does not come up in the trade name search, is it also free as a trademark?

No. A trade name search only shows trade names in the trade registry. The same word may be registered or applied for as a trademark by someone else; similar spellings and close marks in the same sector also only emerge in a trademark search. The two results are independent of each other; when one comes back clean, you still need to run the other. Otherwise, you may learn after registering the trade name that you cannot use the same name on your products.

### Can I file a trademark application before the company is set up?

Yes. A trademark application can also be filed in the name of a natural person; once the company is set up, the mark can be assigned to it by a notarized assignment agreement and recordal in the register. If there is a high risk of someone else taking the name, this route is safer than waiting for incorporation. Which option suits you should be assessed according to your tax, accounting and partnership structure; in ventures with partners, whose name the mark will be filed in should be agreed in writing.

### Does a Trade Registry Gazette announcement replace a trademark certificate?

No. The gazette announcement publishes the fact that the trade name and other commercial details have been registered in the trade registry. Under Article 7(1) of Law No. 6769, trademark protection is obtained through registration, and the certificate is issued by TÜRKPATENT. The announcement and invoices can serve as evidence of the date of commercial use, but they do not grant the prohibition rights conferred by a registered trademark.

### Which searches should a foreign company run for its branch in Turkey?

Both. The Turkish branch of a business headquartered abroad is registered in the trade registry, and its trade name must show the locations of the head office and the branch and the fact that it is a branch. The trademark the branch will use must be searched separately in the TÜRKPATENT register and registered in Turkey. Because trademark rights are territorial, the head office's registration abroad does not automatically confer protection in Turkey; a Madrid or direct national filing is needed.

## Related Resources

- [Trademark Search](https://www.webx.net.tr/en/hizmetler/marka-sorgulama): Provides a free tool and method for checking whether a brand name is registrable by searching similar and registered trademarks.
- [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.
- [Trade Name, Business Name and Trademark: What Is the Difference?](https://www.webx.net.tr/en/blog/trade-name-business-name-and-trademark-differences): What is the difference between a trade name and a trademark? The scope of a business name, domain name and trademark, who wins if they clash, and the right order.
- [Does a Company Name Change Affect a Trademark Registration?](https://www.webx.net.tr/en/blog/does-a-company-name-change-affect-a-trademark): No, a trademark registration does not change by itself: trade name and trademark are separate assets. Four scenarios, register updates and naming risks.
- [How to Find a Trademark Owner in Turkey: Trademark Owner Search Guide](https://www.webx.net.tr/en/blog/trademark-owner-search): Trademark owner search in Turkey: find the recorded owner and attorney, confirm the current owner with a register extract, foreign marks and how to reach them.
- [Using an Unregistered Trademark in Turkey: Risks, Rights and Remedies](https://www.webx.net.tr/en/blog/using-an-unregistered-trademark): Using an unregistered trademark in Turkey is legal, but protection is weak. Unfair competition, opposition, invalidation, criminal law and 8-point comparison.
- [When Should You Register a Trademark? A Guide to Getting the Timing Right](https://www.webx.net.tr/en/blog/when-to-register-a-trademark): When to register a trademark: once the name is final and before you share it. Six-month priority for trade fairs and exports, launch risks and a weekly plan.
- [Is a Domain Name the Same as a Trademark? Key Differences](https://www.webx.net.tr/en/blog/domain-name-vs-trademark-registration): Does buying a domain give you trademark rights? The differences between domains and trademarks, conflict scenarios and which to secure first.