# A Similar Trademark Came Up in Your Search: 7 Options and a Decision Guide

> 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.

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If a similar trademark came up in your search, do not panic; first classify the record: is the sign identical or only similar, do the goods and services overlap, is the record an application or a registration, how old is it, and is it still in force? The answers decide which of seven options makes sense: changing the name, differentiating the sign, narrowing the list, investigating whether the earlier mark is being used, obtaining consent, buying or licensing the mark, or filing while knowing the risk.

Below we explain when each option works, what it costs, and when it is wasted effort. How to read the report is covered separately in our [guide to the trademark search report](https://www.webx.net.tr/en/blog/trademark-search-report).

## First, Classify the Record You Found

The right option depends on the obstacle. Industrial Property Law No. 6769 (SMK) provides two separate channels for refusal. If an identical or indistinguishably similar sign is already registered or applied for in respect of identical goods and services or those of the same kind, TÜRKPATENT (Turkish Patent and Trademark Office) refuses the application ex officio (SMK Art. 5(1)(ç)). For more distant similarities, refusal follows only an opposition by the earlier right holder within two months of publication in the Official Trademark Bulletin (SMK Art. 6(1), Art. 18).

| Question | Why does it matter? |
| --- | --- |
| Identical or similar? | Identity means ex officio refusal; similarity means a risk of opposition |
| Do the goods and services overlap? | The items are compared, not the class numbers (Art. 11(4)) |
| Application, registration, or expired? | An expired mark can be renewed within 6 months for an extra fee; for the following 2 years it can ground an opposition if it was used in that period (Art. 23(2), Art. 6(8)) |
| Has the registration passed five years? | The proof-of-use and revocation routes open up (Art. 19(2), Art. 26) |

The last question is often missed. If the earlier mark had been registered for at least five years on your filing date, you can ask its owner to prove use at the opposition stage; if it has passed five years on the date of your request, you can also ask for its revocation on the ground of non-use. A young registration offers neither card yet.

Most of this is already visible in the search results: application number, owner, file status and classes. For the five-year count, however, the registration date, not the application date, applies; read it and the full wording of the covered items in the file details. If the same owner holds several records for the same name, assess each separately; one may be young, another old, and your options change record by record.

## Option 1: Changing the Name

A name change is the right option at the moment it is cheapest: while the sign has not yet made its way onto packaging, signage and advertising. Especially where an identical or very close mark is registered for the same goods and actively used, every other route takes time and money, and success is never assured.

To avoid repeating the mistake, pick two or three candidates and have them searched together. Going ahead with one name and returning to square one at every obstacle is the most common loop that stretches the timeline.

## Option 2: Differentiating the Sign

Adding a distinctive element to the sign can change the similarity assessment, but the limits are narrow. Adding a word that describes the goods (such as "textile", "cosmetics" or "group") usually does not change the outcome, because consumers remember a mark by its core word. As long as the word element stays the same, changing the logo, color or typeface is generally not enough either.

Differentiation that works changes the overall impression of the sign: for example, replacing the core word with, or adding beside it, an original word at least as dominant. We explained in detail how visual, aural and conceptual similarity are weighed in our [article on likelihood of confusion](https://www.webx.net.tr/en/blog/likelihood-of-confusion-in-trademark-law).

## Option 3: Narrowing the List of Goods and Services

If the conflict lies only in some items, removing them can clear the way for registration of the rest. You can build the list accordingly before filing, and after filing you can partially withdraw the scope until registration (SMK Art. 28(5); Implementing Regulation Art. 22).

This makes sense if the dropped items are not core to your business. It may be reasonable for a cosmetics manufacturer to give up the soap item and continue with perfume and skin care; dropping its main product, however, means giving up protection itself. Narrowing is more effective when the earlier mark's scope is also drafted narrowly, so read the other side's list item by item.

## Option 4: Investigating Whether the Earlier Mark Is Being Used

A trademark that has not been put to genuine use in Turkey within five years of registration, or whose use has been suspended for an uninterrupted period of five years, can be revoked upon request (SMK Art. 9(1), Art. 26). Since January 10, 2024, this request has been filed directly with TÜRKPATENT rather than with a court. The step-by-step procedure is in our [guide to requesting revocation for non-use](https://www.webx.net.tr/en/blog/trademark-revocation-for-non-use-request).

Before filing, run an inexpensive preliminary investigation: the owner's website, marketplace listings, social media accounts, and its status in the trade registry. If you cannot find any trace of use, revocation is a realistic route. Two details shape the strategy. First, revocation is granted only for the goods and services you list in the request; the Implementing Regulation expressly states that no revocation decision can be given in respect of similar goods. List, one by one, the items that block your way. Second, if genuine use was resumed after the five years expired but before the request, the request is rejected; however, use started within the three months before the request, merely because a request was anticipated, is disregarded (Art. 26(4)). So do not tip off the other side.

The Office's tariff has two items: the trademark revocation fee (02.01.30) and the revocation request deposit amount (02.01.31), each TRY 35,320 for 2026; the Implementing Regulation states that these two items are collected in a single payment.

The second card comes at the opposition stage. If the earlier mark had been registered for at least five years on your filing date and its owner opposes your application on the ground of likelihood of confusion, you can ask the owner to prove its use (Art. 19(2)). We explained the evidence file needed to answer that request in our [article on the proof-of-use evidence file](https://www.webx.net.tr/en/blog/trademark-proof-of-use-evidence). There is one limit: according to the TÜRKPATENT Proof of Use Guidelines, the defense that "the blocking mark is not being used" cannot be raised against an ex officio refusal issued by the Office under Art. 5(1)(ç). Where there is a risk of ex officio refusal, the real tool is the revocation request.

## Option 5: A Letter of Consent or a Coexistence Agreement

A letter of consent is a notarized document showing that the owner of the earlier mark expressly permits the registration of your application. When it is submitted to the Office, the application cannot be refused under Art. 5(1)(ç) (Art. 5(3)). Consent is thus the most direct way past the risk of ex officio refusal; it does not remove other grounds for refusal.

A coexistence agreement is a broader contract: the parties agree in writing on which products, with what appearance and in which markets they will operate, and that they will not oppose each other's applications. This agreement binds the parties; it does not by itself change the Office's own examination. If there is a risk of ex officio refusal, a notarized letter of consent must also be added to the agreement. For the content of the document and the negotiation steps, see our [guide to the letter of consent](https://www.webx.net.tr/en/blog/trademark-registration-with-a-letter-of-consent).

## Option 6: Buying or Licensing the Mark

If the owner of the earlier mark is not using it but you do not want to deal with revocation proceedings, buying the mark may be the cleanest solution. The assignment agreement must be in writing and notarized (SMK Art. 148(4)); the assignment recordal fee (02.01.06) in the 2026 tariff for entering it in the register is TRY 5,960. Before buying, ownership, scope, term, encumbrances and use history must be checked; we gathered the checklist in our article on [what to check when buying a trademark](https://www.webx.net.tr/en/blog/buying-a-trademark-due-diligence).

A license, on the other hand, gives you permission to use the mark but does not make you its owner. If the owner terminates the license or assigns the mark, your business depends on their decision. The tariff item for license recordal (02.01.09) is TRY 9,870. A license is more of a transitional solution than a long-term brand strategy.

## Option 7: Filing While Knowing the Risk

In some files the most reasonable course is to file and accept the risk of opposition. This option is defensible if the signs are similar rather than identical, the goods and services overlap only partly, and the earlier mark is old while its owner appears inactive. Securing your filing date early is also a gain in itself.

Go in knowing the price. The single-class application fee for 2026 is TRY 2,820 (02.01.01), and fees paid to the Office are, as a rule, not refunded (Art. 161(4)). If an opposition comes in, you will need to prepare observations, request proof of use if necessary, and wait for the decision. A proof-of-use request can be made only within the period for responding to the opposition, expressly and in writing, and stating the registration numbers of the marks whose use is to be proven (Implementing Regulation Art. 29); if that period is missed, the card is lost too. Planning for this before filing, with an outline response to a possible opposition ready, saves time once the clock starts. Where an identical sign is registered for the same goods, however, this option is almost always a waste of fees and time, because the refusal comes without even waiting for an opposition.

## Decision Table: Which Option in Which Situation?

| Situation | Preferred option | Cost and time | Remaining risk |
| --- | --- | --- | --- |
| Identical sign, same goods, active use | Name change | Low, fast | The new name must be searched too |
| Identical sign, same goods, no trace of use, registration older than 5 years | Revocation request or purchase | High official fee, months | The owner may be able to prove use |
| Similar sign, partial overlap | Narrowing the list, differentiating the sign | Low | Opposition against the remaining items |
| Owner open to cooperation | Consent or coexistence agreement | Negotiation and notary | Demand for payment |
| Distant similarity, old and inactive mark | Filing while knowing the risk | Application fee | Opposition and possible refusal |

The table is a starting point; factors such as a well-known mark claim, suspicion of bad faith or off-register rights can shift the balance.

## In What Order Should You Try the Options?

The options are not mutually exclusive; the right sequence protects both your budget and your bargaining power. In most files, this order works:

1. **Classify the record.** Answer the four questions and list the records that are obstacles.
2. **Protect the non-conflicting scope right away.** If the obstacle affects only some items, secure your filing date for the remaining goods and services.
3. **Carry out a use investigation.** If the earlier mark has no trace in the market, start building the basis of a revocation file now.
4. **Decide on contact.** Approach the owner with an offer for consent or purchase knowing how strong your revocation option is.
5. **If nothing works, change the name or the sign.** Have the new candidates searched in the same way.

This sequence leaves the most expensive step for last and never delays your filing date unnecessarily.

## Fictional Example: Lunaria Kozmetik

Fictional example: Lunaria Kozmetik wants to file under the name "LUNARIA" in Class 3 for its new skin care line. The search turns up a "LUNARIA" trademark registered seven years ago in the name of another company, covering soap, perfume and cosmetic products. The sign is identical and the goods are of the same kind: if the application is filed, ex officio refusal is to be expected.

The team first runs a preliminary investigation. The earlier owner's website has not been updated for years, there are no products on the marketplaces, and the company appears active in the trade registry. Two routes are on the table: a revocation request or a purchase offer. The team prepares the revocation file before sending the offer letter; if the negotiation is rejected, it will file the request without losing time. Meanwhile, in case both routes fail, it has two backup names searched, and it holds off printing the packaging until the name is final.

## Common Mistakes

- **Deciding by looking at the class number.** Being in the same class is not a presumption of similarity, and being in a different class is not a presumption of dissimilarity; compare the items.
- **Treating an expired record as free.** Until the six-month grace period for renewal and the two-year opposition window have passed, that name is not considered available.
- **Thinking a descriptive word solves the problem.** Additions such as "Lunaria Cosmetics" often do not change the outcome.
- **Writing to the other side unprepared.** An offer may push the owner of a dormant mark to start using it again; complete the preliminary investigation first.
- **Putting off the decision.** Every week between the search and the filing is an open door for third parties to file before you.

## Before You Decide

Most options can be combined; what matters is seeing cost, time and remaining risk upfront. Webx's [trademark search and clearance service](https://www.webx.net.tr/en/hizmetler/marka-sorgulama) classifies the record found according to these four questions and presents the options in writing with the reasoning behind each. Once the decision is made, you can continue the filing steps in the same file through our [trademark registration service](https://www.webx.net.tr/en/hizmetler/marka-tescil).

## Sources

- [Legislation Information System — Industrial Property Law No. 6769 (SMK)](https://www.mevzuat.gov.tr/mevzuatmetin/1.5.6769.pdf) (Arts. 5, 6, 9, 11, 18, 19, 23, 26, 28, 148, 161)
- [Official Gazette — Regulation on the Implementation of the Industrial Property Law (April 24, 2017)](https://www.resmigazete.gov.tr/eskiler/2017/04/20170424-5.htm) (Art. 22 withdrawal of the application, Art. 29 proof-of-use request)
- [Official Gazette — Amendment to the Regulation (March 15, 2025)](https://www.resmigazete.gov.tr/eskiler/2025/03/20250315-20.htm) (Arts. 30/A–30/B revocation request and fee)
- [TÜRKPATENT — Proof of Use Guidelines](https://webim.turkpatent.gov.tr/file/8fae8bcb-698a-4e7d-8fbf-37f245149d99) (conditions under which proof of use applies)
- [TÜRKPATENT — Trademark Fees](https://www.turkpatent.gov.tr/marka-islem-ucretleri) (02.01.01, 02.01.06, 02.01.09, 02.01.30, 02.01.31)
- [TÜRKPATENT — Trademark Search](https://www.turkpatent.gov.tr/arastirma-yap?form=trademark) (searching register records)

## Frequently Asked Questions

### If the similar trademark is in a different class, does that mean there is no problem?

No. Under SMK Art. 11(4), the fact that goods fall in different classes is not a presumption that they are dissimilar, and being in the same class does not by itself mean they are similar either. What matters is how close the specific goods and services in the two lists actually are. For example, a link can be drawn between a product in one class and a retail service in another. So the decision should rest on an item-by-item comparison, not on the class number.

### Is it risky to write directly to the owner of the earlier trademark?

It can be. An offer to obtain consent or to buy the mark shows the other side that their trademark matters to you; the owner of a dormant mark may see this contact as a chance to start using it or to raise the price. Completing a use investigation before making contact, and knowing how strong your revocation option is, therefore strengthens your hand in negotiations. It is also advisable to make the offer in writing, with a defined scope, in a text that reveals your identity only as far as necessary.

### What if the record that came up in the search is only an application?

Even though it has not yet been registered, an application filed before yours can act as an obstacle as an earlier trademark; it is taken into account both in ex officio examination and in oppositions. Whether that application will be refused becomes clear only once it is decided. In that situation, you may consider putting the file under watch, factoring this risk into your own filing, and, if necessary, opposing that application at the publication stage.

### Can I combine several of these options?

Yes, in most files the best result comes from a combination. For example, you can file immediately for the non-conflicting items while preparing a revocation request for the conflicting one, or add a distinctive element to the sign and narrow the list at the same time. What matters is planning the cost and timing of each step from the outset and not delaying your filing date unnecessarily.

### If the search came back clean, is my application safe?

Not entirely. A search shows the register as it stood on the day it was run; applications filed the next day and off-register risks, such as rights based on unregistered use and trade names, can surface later. Absolute grounds for refusal arising from the mark itself are also assessed separately. So after a favorable result, you should not delay filing, and you should be ready for oppositions after publication.

## 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.
- [What Is a Trademark Search Report? How It Differs from a Free Search](https://www.webx.net.tr/en/blog/trademark-search-report): What a trademark search report covers in Turkey: phonetic and logo searches, pending filings, risk ratings, the difference from a free search, and 8 tests.
- [Requesting Revocation of an Unused Trademark: The TÜRKPATENT Procedure Step by Step](https://www.webx.net.tr/en/blog/trademark-revocation-for-non-use-request): How to request revocation for non-use in Turkey: the five-year count, the request form, 2026 fee and deposit, the owner's reply period, decision and appeal.
- [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.
- [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.
- [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.
- [Buying a Trademark in Turkey: What to Check Before You Sign](https://www.webx.net.tr/en/blog/buying-a-trademark-due-diligence): Buying a trademark in Turkey? Check the registered owner, scope, term, use and revocation risk, licenses, pledges and attachments, and contract safeguards.