A trademark search means checking whether the name you want to register is already registered or applied for by someone else. It can be carried out free of charge on the TÜRKPATENT online research screen.
But the real value of a search is not in whether you see the identical name in a list. The great majority of refusals and oppositions arise from similarity, not identity. A proper search therefore has three layers:
- Identical search — does the same name exist?
- Similarity search — are there marks close in spelling or sound?
- Class assessment — are those marks in the same field as you?
Without all three, a search gives false comfort.
Step 1: Searching TÜRKPATENT Records
You can search free of charge on the TÜRKPATENT research screen. When you do:
- Search your mark exactly.
- Then search the core word on its own. If you intend to file "ARYA TEXTILE", you must also search "ARYA" — because a descriptive addition is disregarded in the similarity assessment.
- Read results with their status: registered, pending, refused or lapsed. A pending application can also block yours.
Step 2: The Similarity Search — the Part That Matters
This is the most commonly skipped step. TÜRKPATENT and opponents look not at identical spelling but at visual, phonetic and conceptual proximity.
Variations you should be searching:
| Variation | Example |
|---|---|
| Similar sound, different spelling | CLEVER ↔ KLEVER |
| Letter dropped or added | KALMERA ↔ KALMEDA |
| Turkish character difference | ŞENA ↔ SENA |
| Joined or separated writing | YEŞİLAY ↔ YEŞİL AY |
| Same meaning, different language | YEDİ DENİZ ↔ SEVEN SEAS |
| With a descriptive addition | ARYA ↔ ARYA GROUP |
How similarity is measured — dominant element, overall impression, the average consumer test — is set out in Likelihood of Confusion.
Step 3: Class Assessment
Whether a similar mark you find is a genuine risk depends on which classes it is registered in. Protection is limited to the goods and services selected: a furniture brand and a software brand with the same name can usually coexist.
A search therefore only becomes meaningful once you have identified your classes. You can work out which classes your activity maps onto using the five-step method in How to Choose Trademark Classes, and find the full list in All 45 Classes.
Our sector guides shorten this step: software, e-commerce and others.
What a Search Cannot Show You
A search reveals only the risk arising from other people's marks. Your application may be refused for reasons arising from the mark itself, even where no similar mark exists:
- Lack of distinctiveness — a single letter, a simple shape, an ordinary word
- Descriptiveness — names that directly describe the product or service ("Fresh Bread", "Fast Delivery")
- Deceptiveness — a false impression as to origin or quality
- Containing a registered geographical indication — particularly in food and hospitality
These grounds are examined by TÜRKPATENT of its own motion and never appear in a search list. For the full set see Why Are Trademark Applications Refused?
How to Read the Result
| Search result | What it means | What to do |
|---|---|---|
| Identical name, same class, registered | High risk | Change the name or seek consent |
| Similar name, same class | Needs assessment | Similarity analysis |
| Identical name, unrelated class | Low risk as a rule | Check for well-known status |
| Similar name, application pending | Risk continues | Monitor the file |
| Nothing found | Not a guarantee | Check distinctiveness |
"Nothing found" is worth stressing: new applications are filed daily and a search reflects only that moment.
If a Similar Mark Appears
- Add a distinctive element. A non-descriptive, original word or a strong figurative element.
- Narrow the scope. If the clash is confined to particular goods or services, remove those items.
- Obtain consent. A written consent from the earlier proprietor: Registration with a Letter of Consent.
- Consider proof of use. If the blocking mark is more than five years old and not genuinely used, proof of use may be requested at the opposition stage.
- Change the name. The most radical option, and sometimes the cheapest — official fees are not refunded on refusal.
When similarity actually amounts to a ground for refusal is discussed in Can a Similar Trademark Cause Refusal?
When Should You Search?
At two points:
- When choosing the name — before any investment in signage, packaging or a domain. See How to Choose a Brand Name.
- Immediately before filing — if time has passed, the earlier result may be out of date.
After the Search: Watching
A search is the check that happens before filing. After registration a different need arises: catching new applications similar to your mark in the official bulletin.
The period for opposing a published application is two months, and it runs automatically — nobody notifies you. If it is missed, the mark proceeds to registration and the only remaining route is an invalidation action in court.
The difference is explained in Trademark Watch and Bulletin Monitoring.
What a Professional Search Adds
Searching yourself is a good start. A search run through an attorney adds:
- Systematic variation screening (phonetic, visual, conceptual)
- Overlap analysis at class and sub-group level
- Assessment of distinctiveness and descriptiveness
- Checks for registered geographical indications and earlier rights
- Turning the risk into a concrete plan of action
Let Us Search Your Mark
Tell us your brand name and field of activity, and our trademark registration team will run a class-based similarity search and report the risk before you file. For protection after registration, see our trademark watch service.