# 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.

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- Last updated: 2026-10-11
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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:

1. **Identical search** — does the same name exist?
2. **Similarity search** — are there marks close in spelling or sound?
3. **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](https://www.webx.net.tr/en/blog/likelihood-of-confusion-in-trademark-law).

## 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](https://www.webx.net.tr/en/blog/trademark-classes-and-nice-classification), and find the full list in [All 45 Classes](https://www.webx.net.tr/en/blog/45-nice-classification-classes-full-list).

Our sector guides shorten this step: [software](https://www.webx.net.tr/en/blog/trademark-class-for-software), [e-commerce](https://www.webx.net.tr/en/blog/trademark-class-for-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?](https://www.webx.net.tr/en/blog/why-trademark-applications-are-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](https://www.webx.net.tr/en/blog/trademark-registration-with-a-letter-of-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](https://www.webx.net.tr/en/blog/trademark-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?](https://www.webx.net.tr/en/blog/can-a-similar-trademark-cause-refusal)

## When Should You Search?

At two points:

1. **When choosing the name** — before any investment in signage, packaging or a domain. See [How to Choose a Brand Name](https://www.webx.net.tr/en/blog/how-to-choose-a-brand-name).
2. **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](https://www.webx.net.tr/en/blog/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](https://www.webx.net.tr/en/hizmetler/marka-tescil) team will run a class-based similarity search and report the risk before you file. For protection after registration, see our [trademark watch](https://www.webx.net.tr/en/hizmetler/marka-izleme) service.

## Sources

- [TÜRKPATENT — Trademark search](https://www.turkpatent.gov.tr/arastirma-yap?form=trademark) (turkpatent.gov.tr)
- [WIPO — Global Brand Database](https://branddb.wipo.int/) (wipo.int)
- [Industrial Property Law No. 6769 (Türkiye)](https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6769&MevzuatTur=1&MevzuatTertip=5) (mevzuat.gov.tr) — Arts. 5–6: absolute and relative grounds for refusal

## Frequently Asked Questions

### Is a trademark search free?

A search on the TÜRKPATENT online research screen is free of charge. What is paid for is the application itself and the official fees. A comprehensive similarity assessment carried out through an attorney is a separate service.

### Nothing came up in my search. Is registration guaranteed?

No. The absence of an identical mark does not guarantee registration. Most refusals and oppositions arise not from identity but from visual or phonetic similarity; and grounds such as lack of distinctiveness or descriptiveness come from the mark itself.

### 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.

### A similar mark came up. What should I do?

First assess whether the similarity actually creates risk: do the goods and services overlap, and how close are the marks? If the risk is real, the options are a distinctive change to the name, narrowing the scope, or obtaining a letter of consent from the proprietor.

### How long is a search result valid?

It reflects only the moment of searching. New applications are filed every day, so the longer the gap between search and filing, the less current the result. Repeat the search close to the filing date.

### Is a trademark search the same as a trademark watch?

No. A search is a one-off check carried out before filing. A watch is continuous monitoring after registration, designed to catch new applications similar to your mark in the official bulletin.

## 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.
- [Trademark Watch](https://www.webx.net.tr/en/hizmetler/marka-izleme): Covers monitoring similar applications published in the Official Trademark Bulletin and reporting them before the opposition period ends.
- [How to Choose Trademark Classes: A 5-Step Method](https://www.webx.net.tr/en/blog/trademark-classes-and-nice-classification): How do you choose trademark classes? A five-step method for translating your business into goods and services classes, how to draft scope, and the mistakes to avoid.
- [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 to Choose a Brand Name: A Guide to Finding a Registrable Name](https://www.webx.net.tr/en/blog/how-to-choose-a-brand-name): How to choose a brand name: distinctiveness levels, methods for finding a registrable name, elimination criteria, and a pre-filing checklist.
- [A Similar Trademark Came Up in Your Search: 7 Options and a Decision Guide](https://www.webx.net.tr/en/blog/similar-trademark-found-in-search): Found a similar trademark in your search? First classify the record, then choose: rename, narrow the list, seek revocation, get consent or buy the mark.
