# The 10 Most Common Trademark Search Mistakes

> Trademark search mistakes: searching one spelling, checking only your own class, treating expired marks as free, and 7 more. The cost of each and how to fix it.

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- Last updated: 2026-09-22
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Most trademark search mistakes come not from searching the wrong way but from searching too little: checking only the exact spelling and only your own class, misreading pending applications and expired records, and overlooking logos and unregistered rights. **What these mistakes have in common is that an application filed and paid for on the strength of a "no similar marks" result ends up facing an opposition or a refusal.**

Below you will find the ten most common mistakes, in order, with why each one happens, what it leads to and what the right approach is. Mistakes in filing strategy are a separate topic, covered in our article on [trademark registration mistakes](https://www.webx.net.tr/en/blog/trademark-registration-mistakes).

## Why Are Trademark Search Mistakes So Costly?

Because a risk missed in the search usually surfaces as the refusal of an application that has already been paid for, and the fee does not come back. Under Article 161(4) of Industrial Property Law No. 6769 (SMK), fees paid are not refunded unless otherwise provided. Under the 2026 trademark fee schedule of TÜRKPATENT (Turkish Patent and Trademark Office), the application fee for a single class is TRY 2,820 (item 02.01.01), and the same amount is payable again for a second class (item 02.01.02).

Official fees are only part of the loss. Attorney service fees are not included in these amounts, a refusal or opposition takes months, and in the meantime investments in signage, packaging and a domain name are put at risk. Current amounts should be checked against TÜRKPATENT's fee schedule, which is updated every year.

Appealing a refusal is possible, but it is a separate process of its own: an appeal against a decision of the Office must be filed with reasons within two months of notification (Art. 20), and the outcome can again take months. Spending a few more hours on the search is the cheapest way to make sure that road never has to be taken.

## Mistakes in Search Technique

The first five mistakes come from keeping the scope of the search too narrow. The cure for all of them rests on the same principle: a database only shows you what you ask it for.

### 1. Searching only the exact spelling

**Why it happens:** an "equals" search produces the cleanest list, and an empty result is reassuring. **What it leads to:** records that differ by one letter, sound the same or carry a descriptive add-on do not appear in the list. For example, someone who searches the fictitious name KAMEVO with this option alone will never see records for CAMEVO or KAMEVO LAB in the same class, and those records may turn up as an opposition after publication. **The right approach:** after the exact search, search the core word with the "contains" option and try the pronunciation variants one by one. We list which variants to search, in a table, in our article on [phonetic similarity](https://www.webx.net.tr/en/blog/phonetic-similarity-in-trademark-search).

### 2. Checking only your own class

**Why it happens:** a class filter shortens the list, and the belief that "a different class means no problem" is widespread. **What it leads to:** under Article 11(4) SMK, goods being in the same class does not create a presumption of similarity, and goods being in different classes does not create a presumption of dissimilarity. Clothing and clothing retail services sit in different classes but are closely related, and marks with a reputation can oppose under Article 6(5) even for different goods and services. **The right approach:** search the classes related to yours as well. To decide whether goods are related, look at their nature, purpose and distribution channels, and whether they compete with or complement each other. We explain the consequences of class choices in our article on [choosing the wrong trademark class](https://www.webx.net.tr/en/blog/wrong-trademark-class-consequences).

### 3. Ignoring pending applications

**Why it happens:** a record that has not yet been registered looks unimportant. **What it leads to:** Articles 5(1)(ç) and 6(1) SMK treat not only registered marks but also marks applied for earlier as obstacles; an application filed before yours will stand in front of yours once it is registered. Because the outcome of the earlier application may only be known months later, if you spot a risky application it makes sense to put it on watch and prepare an alternative name. **The right approach:** read the status column in the results list; we explain what each status means in our article on [trademark status meanings](https://www.webx.net.tr/en/blog/trademark-status-meanings). We also explain in our [e-Devlet trademark search](https://www.webx.net.tr/en/blog/e-devlet-trademark-search-and-status-tracking) guide that public screens may show new applications with a delay.

### 4. Treating an expired record as "free"

**Why it happens:** an "expired" or "not renewed" label gives the impression that the name has become available. **What it leads to:** under Article 23(2) SMK, a mark can still be renewed, with an additional fee, within six months after its term of protection ends. In addition, under Article 6(8), an application for an identical or similar mark filed within two years after protection ended through non-renewal is refused if the previous owner opposes, provided the mark was used during those two years. **The right approach:** calculate the expiry date, research whether the mark is still in use, and take both periods into account before deciding. If the previous owner is still actually using the mark, a claim to rights arising from unregistered use under Article 6(3) may also come into play.

### 5. Not searching the figurative element

**Why it happens:** search tools work with words, and the logo simply does not come to mind. **What it leads to:** even if your word is unique, a conflict arises from the device if your figure comes close to another mark's; figurative marks with no words never appear in a text search at all. The reverse assumption is risky too: with marks that combine a word and a device, consumers generally focus on the word, so a different logo often does not remove the risk created by a similar word. **The right approach:** screen your logo with Vienna Classification codes and an image-similarity search; we explain the method step by step in our guide to [trademark logo search](https://www.webx.net.tr/en/blog/trademark-logo-search).

## Mistakes in Interpreting the Results

The next three mistakes come from misreading a search that was done correctly. Even when the list is right, the conclusion drawn from it can be wrong.

### 6. Never assessing descriptiveness

**Why it happens:** a search shows other people's marks; a problem that stems from your own name does not appear in the list. **What it leads to:** under Article 5(1) SMK, signs that lack distinctive character (b), that indicate the kind, quality, intended purpose or geographical origin of the goods (c), or that are commonly used in the trade (d) are refused by the Office even if nobody opposes them. **The right approach:** test your name against the list of goods and services you will file for: would consumers read it as a description of the product? For example, a name like "GÜNLÜK EKMEK" ("daily bread") for a bakery can be refused as descriptive even if there is nothing like it on the register. These refusals can be overcome if distinctiveness was acquired through use before the filing date (Art. 5(2)), but that is not easy to document. You will find all the absolute grounds for refusal in our article on [why trademark applications are refused](https://www.webx.net.tr/en/blog/why-trademark-applications-are-refused).

### 7. Forgetting trade names and unregistered use

**Why it happens:** the trademark register only shows trademark applications and registrations. **What it leads to:** under Article 6(3) SMK, if rights in an unregistered mark or a sign used in the course of trade were acquired before your filing, your application is refused if the owner of that sign opposes. Article 6(6) provides that an application containing someone else's trade name is refused if the right holder opposes. After registration, invalidation can also be sought in court on the basis of the same rights (Art. 25). **The right approach:** in addition to the trademark register, search the Turkish Trade Registry Gazette, search engines, online marketplaces, domain name records and social media accounts.

### 8. Treating "no similar marks" as a guarantee

**Why it happens:** the tool says "no exact match found", and that gets read as "it will be registered". **What it leads to:** the Office refuses ex officio only marks that are identical or indistinguishably similar; lower degrees of similarity come up through an opposition filed within two months of the application's publication in the Official Trademark Bulletin (Art. 18). Marks that are well known within the meaning of the Paris Convention can also oppose under Article 6(4), even if they are not registered in Turkey. **The right approach:** treat an empty result as the start of the similarity assessment, not the end of it. Webx's search tool also states explicitly, when no exact match is found, that this result is no guarantee of registration. An empty list says nothing about whether your name is descriptive either; consider this mistake together with mistake 6. We discuss what tool scores mean in our article on [trademark similarity percentage](https://www.webx.net.tr/en/blog/trademark-similarity-percentage).

## Mistakes in Timing and Record-Keeping

The last two mistakes have nothing to do with what you search and everything to do with when you search and how you document it. Both are easy to prevent, yet they are among the most often overlooked.

### 9. Waiting months after the search

**Why it happens:** once a clean result has been seen, filing no longer feels urgent. **What it leads to:** a search is only a snapshot of that moment. Under Article 15 SMK, an application with no formal deficiencies is fixed as of the date, hour and minute it was received, so a similar application filed in the meantime gets ahead of yours. **The right approach:** do not delay filing after a positive result; if time has passed, run the same queries again just before filing.

### 10. Not keeping a record of the search

**Why it happens:** a search takes a few minutes, and taking screenshots seems unnecessary. **What it leads to:** you cannot repeat the same search exactly, and you cannot show the basis for your decision to partners, investors or anyone who later acquires the mark. If you ever face a claim of bad faith (Art. 6(9)), records showing how you chose the name can also support your defense. **The right approach:** keep the date, the databases you used, the search terms and modes, the results lists and a short note of your assessment together in a single file. That file also becomes the starting point for research if registering the same name in other countries comes up later.

## Trademark Search Mistakes at a Glance

A summary of the ten mistakes; you can use the table to check your own search:

| Mistake | Typical sign | Likely consequence | The right approach |
| --- | --- | --- | --- |
| 1. Exact spelling only | A single search, an empty list | Opposition after publication | Core word and variants |
| 2. Own class only | Class filter always on | Opposition from a related class | Search related classes too |
| 3. Ignoring pending applications | "Not registered" note | Blocked by an earlier application | Read the status column |
| 4. Treating expired marks as free | "Not renewed" label | Late renewal, Art. 6(8) opposition | Check expiry date and use |
| 5. Not searching the device | Text search only | Logo conflict | Vienna code and image search |
| 6. Skipping descriptiveness | The name describes the product | Ex officio absolute refusal | Test the name against the specification |
| 7. Forgetting off-register rights | Trademark register only | Art. 6(3) or 6(6) opposition | Trade registry, marketplaces, domains |
| 8. Empty result as a guarantee | "No record found" comfort | Unexpected opposition | A proper similarity assessment |
| 9. Waiting for months | An old search | An intervening application | File promptly or search again |
| 10. No search record | No screenshots | A decision that cannot be repeated or documented | A dated search file |

## Eight Steps to a Sound Trademark Search

Read in reverse, the mistakes add up to a systematic search that follows this order. You can take the first steps right away with Webx's free [trademark search in Turkey](https://www.webx.net.tr/en/hizmetler/marka-sorgulama) tool; we set out the general method in detail in our guide on [how to do a trademark search](https://www.webx.net.tr/en/blog/how-to-do-a-trademark-search).

1. Define your field of business and your Nice classes, and note the related classes too.
2. Run exact, core-word and "contains" searches.
3. Add pronunciation variants and wildcard searches.
4. If you have a logo, run a figurative-code search and an image-similarity search.
5. Read the status of every record: application, registration or expired (together with the expiry date).
6. Test your name for descriptiveness and distinctiveness against your list of goods and services.
7. Run off-register checks: trade names, domain names, marketplaces and social media.
8. Record your findings and file without delay; if time has passed, repeat the search.

## After the Search: Filing and Watching

A search is a one-off check before filing; once your mark is registered, the need changes. New applications are published in every issue of the Official Trademark Bulletin, and the deadline for opposing them is two months from publication. The Office will not warn you about these applications; the way to catch similar filings in time is regular bulletin monitoring. We explain the difference between searching and watching in our article on [trademark watch](https://www.webx.net.tr/en/blog/trademark-watch-and-bulletin-monitoring).

Watching has a further legal rationale: under Article 25(6) SMK, an earlier right holder who knowingly, or when they should have known, stays silent about the use of a later mark for five years cannot seek invalidation, unless the later registration was made in bad faith. Carrying the care you put into the search over into the period after registration protects your rights from losses of this kind.

## Summary: How to Avoid Trademark Search Mistakes

- Do not settle for an exact search; search the core word, pronunciation variants and the logo too.
- Look at how goods and services relate, not at class numbers.
- Pending applications and recently expired records can also be obstacles.
- An empty result is no guarantee; check descriptiveness and off-register rights separately.
- File promptly after a positive result and keep a dated record of your search.

### Would you like to complete your search thoroughly?

Send us your trademark, your logo if you have one, and a description of your business through our [contact page](https://www.webx.net.tr/en/iletisim). Our team, which works with trademark attorneys authorized before TÜRKPATENT, will run a search covering all ten points in this article and report the risk class by class, with the reasons behind it.

## Frequently Asked Questions

### Can I run a trademark search myself?

Yes. TÜRKPATENT's search screen and Webx's search tool can be used without paying and without registering. A search you run yourself is a powerful first step for weeding out obvious conflicts. For the layers that require interpretation, such as variant screening, relationships between classes, descriptiveness and rights outside the register, an assessment by a trademark attorney noticeably reduces the risk of error. At a minimum, use the ten points in this article as a checklist for your own search.

### How long is a search result valid?

A search only reflects the moment it was run; it has no fixed period of validity. New applications are filed every day, and some of them may appear on public screens with a delay. The search should therefore be repeated as close to filing as possible, and filing should not be put off unnecessarily. If weeks have passed, run the same queries again and compare them with the earlier results list, paying particular attention to newly added records.

### If my search finds nothing, will my application definitely be accepted?

No. Finding nothing only shows that there is no record matching the exact spelling you searched. An application can still be refused on absolute grounds, for example because the mark is descriptive or lacks distinctiveness, and it can face an opposition within two months of publication on grounds such as earlier unregistered use or a well-known mark. An empty result is simply a good starting point for a more detailed assessment.

### What if the similar mark my search found is not being used?

An unused mark can still be cited against your application for as long as it stays on the register. But for a mark that has been registered for more than five years and has not been put to genuine use, there are two routes: proof of use can be requested at the opposition stage, or revocation for non-use can be requested from the Office. Which fits depends on the file dates and the evidence of use. A use search across marketplaces and the internet helps support it.

### Is the trademark search on e-Devlet enough for a similarity search?

No. The TÜRKPATENT services on e-Devlet, Turkey's e-government portal, are suited to viewing records linked to your ID or tax number and their file status. To find out whether a new name conflicts with other people's records, you need tools that support similarity searching, such as TÜRKPATENT's search screen, Webx's search tool or international databases. e-Devlet is, however, a practical channel for tracking your file once you have filed.

### How long before filing should I run the search?

Running it twice is best: once while choosing the name, before investing in signage, packaging and a domain name, and again just before filing. The first search eliminates risky names early; the second catches applications filed in the meantime. Leaving only a short gap and not delaying the filing after a positive result is the best way to protect your filing date. If you changed the name between the two searches, search the new version from scratch.

### If I will sell abroad, is a search in Turkey enough?

No. A search in Turkey only shows records in Turkey, and trademark protection is territorial. You need to search the register of every market where you will sell or manufacture. WIPO's Global Brand Database and the EUIPO's TMview show records from many countries on one screen, but because coverage and currency vary from country to country, the official register of the target country should be checked as well.

### Does a professional search eliminate trademark search mistakes altogether?

No search guarantees registration; the register changes constantly and some rights are not visible in it. A professional search prevents most of the mistakes in this article through a systematic method: it assesses variants, related classes, file status, descriptiveness and off-register risks together, and reports the result as a reasoned risk level. That way your filing decision rests on a documented assessment rather than a guess.

## 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 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 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.
- [Same Sound, Different Spelling: Phonetic Similarity in Trademark Searches](https://www.webx.net.tr/en/blog/phonetic-similarity-in-trademark-search): How to catch phonetic similarity in a trademark search: letter equivalents, suffixes, numerals, a 20-row table of variants, and root and wildcard searching.
- [Trademark Status Meanings: What Your Turkish Search Results Really Say](https://www.webx.net.tr/en/blog/trademark-status-meanings): Trademark status meanings explained: pending, published, opposed, registered, refused, withdrawn, revoked and expired files, and how much each blocks you.
- [Trademark Similarity Percentage: What Level of Similarity Blocks Registration?](https://www.webx.net.tr/en/blog/trademark-similarity-percentage): Turkish law sets no trademark similarity percentage. What search-tool scores measure and miss, SMK 5(1)(ç) vs 6(1), and a checklist for reading any score.
- [The 12 Most Common Trademark Registration Mistakes and How to Fix Them](https://www.webx.net.tr/en/blog/trademark-registration-mistakes): Trademark registration mistakes: descriptive names, the wrong owner, lists too narrow or broad, missed notices and deadlines, unpaid fees and missed renewals.
- [How to Search and Track Your Trademark on e-Devlet](https://www.webx.net.tr/en/blog/e-devlet-trademark-search-and-status-tracking): How to search for a trademark on e-Devlet: viewing marks in your name, tracking application status, the TÜRKPATENT search screen, and reading the results.