How to do a trademark search: availability research and 3 checks before registering
A trademark search means typing your chosen name into TÜRKPATENT’s Trademark Search screen, in the class of the goods or services you will sell, and looking at identical and similar records. An availability search goes one step further. Before registration, it asks three things: is the name distinctive, is it free in the records, and is someone already using it in the market?
A name that passes all three meets far fewer surprises on the way to registration. A name that fails is dropped before the sign goes up or the logo is drawn. In Adapte’s Build Your Digital Brand campaign, a TÜRKPATENT preliminary search and availability check is included in the package. That check is not a legal opinion.
Most people do not know this: does the office reject similar marks on its own?
BU BÖLÜMÜN ÖZETİ
- Why this matters
- Unregistered users can oppose too
- The other side of the coin
No, most of the time it does not. Under Türkiye’s Industrial Property Law No. 6769, TÜRKPATENT rejects on its own only applications that are identical or indistinguishably similar to a registered mark. Applications that are merely similar, with a likelihood of confusion, are examined only if the earlier owner opposes. The opposition period is two months from publication in the bulletin.
Why this matters
Your application appearing in the bulletin does not mean the name is safe. The owner of a similar mark can oppose within two months. Relaxing because “the office accepted it, so it must be free” is celebrating too early.
Unregistered users can oppose too
The right to oppose is not limited to registered owners. Someone who has been using an identical or similar sign without registration can also oppose under certain conditions. A name that looks free in the records may not be free on the street.
The other side of the coin
We gather what you put at risk by using your own name without registering it under six headings in why an unregistered brand is a risk.
Is a trademark search the same as an availability search?
No: a trademark search means running the name through the database and looking at the results list, which takes a few minutes. An availability search interprets that list and looks at the name from three angles. Registration is the legal protection that only comes after filing, examination, publication and the opposition period. The three connect in sequence.
| Step | What it does | What it gives you |
|---|---|---|
| Trademark search | Runs the name through the database | A list of identical and similar records |
| Availability search | Interprets the list, checks the name from 3 angles | A preliminary view of whether the name is risky |
| Registration | Filing, examination, publication, opposition | Legal protection |
An analogy
A trademark search is like browsing a flat-to-rent listing. An availability search is visiting the flat and checking the plumbing. Registration is getting the title deed. Liking the listing and expecting the deed is a little too optimistic.
The search itself
We explain which fields to fill in and how to read the results in TÜRKPATENT trademark search step by step.
Check 1: Is the name distinctive, or does it describe the product?
The first check looks at the name itself. A name that directly describes the product or service, such as “Fresh Simit” for a bakery selling simit, is not considered distinctive. The law lists names like this among absolute grounds for refusal. So even if nobody clashes with you, the name can stall on the way to registration.
The digital cost of a descriptive name
A name made of generic words also gets lost in search. Someone typing “fresh simit” sees thousands of bakeries, not your shop. A distinctive name is easier to own both legally and in search.
Check 2: Is there an identical or similar mark in the same class?
BU BÖLÜMÜN ÖZETİ
- Which class to check
- Similarity is not just letters
- Related classes matter
The second check looks at the records. Trademarks are registered by classes of goods and services. Under TÜRKPATENT Communiqué No. 2026/2, published in the Official Gazette on 26 February 2026, the classification has 34 goods classes and 11 services classes, 45 in total. The name is searched in the class of what you will sell and in related classes.
Which class to check
Cosmetics fall under class 3 and clothing under class 25. Services such as beauty salons and clinics fall under class 44. If you sell products and also run a shop, class 35 comes into play too.
Similarity is not just letters
Similarity is judged by sound, appearance and meaning. Two names that sound alike can be confused even if they are spelled differently. Changing one letter and calling it “a different name” is usually not enough.
Related classes matter
A brand selling cream and a brand selling soap may sit under different items, but they speak to the same customer. That is why an availability search does not stop at one class.
Check 3: Is the name free in the market and online?
The third check looks at the street and the internet. It asks whether the domain is taken, whether social media usernames are free and whether a company is already trading under the same name. A name that is free in the records may have sat in someone else’s Instagram window for years.
The domain
If the .com or .com.tr version of the name is taken, a customer looking for you can land on someone else’s site. For a digital brand, that is like opening your shutters onto the neighbour’s shop.
Social accounts and trade names
An active account or company name using the same name means confusion and possible opposition later. Checking first is cheaper than fighting later.
What does the campaign’s availability check cover, and what does it not?
The campaign’s check covers a TÜRKPATENT preliminary search and an availability assessment for the name chosen or suggested during consulting. It is not a legal opinion and it is not registration. If you want a trademark application, it is filed separately through a trademark attorney as a special offer. The identity, site and 108 articles are built on the name that passes the check.
The whole package
You can see where the check sits in the build order in how to build a digital brand. The campaign is TRY 36,000 + VAT, fixed and paid upfront; there are 12 brand places, and the last day is 1 November 2026. For details, visit the Build Your Digital Brand campaign page.
Now you know
A search gives you a list, an availability search interprets it, and registration brings protection. The office does not weed out every similar name on its own. Running the three checks before registration is the shortest way to protect the effort you put into your name.
Quick Summary
- A trademark search gives a list; an availability search interprets it.
- The office rejects on its own only identical or indistinguishably similar applications.
- Similar marks are left to the 2-month opposition period after publication.
- The classification has 34 goods and 11 services classes, 45 in total.
- Three checks: distinctiveness, class search, market use.
- The campaign’s check is not a legal opinion or registration.
Short Glossary
Absolute ground for refusal: An absolute ground for refusal is the legal reason used by the office to reject an application even when nobody opposes it.
Nice class: A Nice class is the international classification heading used to define which goods or services a trademark protects.
Opposition period: The opposition period is the two-month window used by rights holders to challenge an application published in the bulletin.
Next Step
If you would rather have your name checked alongside consulting than search it alone, apply to the Build Your Digital Brand campaign and build your brand on a name that passes the check.
Sık Sorulan Sorular
Distinctiveness means a customer can tell you apart from your competitor when they hear the name. Just as you cannot name your child “Child”, you cannot name your product only after the product.
The logo, domain and site are built on the name. If the name changes later, all of it starts over. That is why the check comes first. We explain why a brand is more than a logo in corporate identity or brand.
No. The availability check is a preliminary search of TÜRKPATENT records and is not a legal opinion. If you want a trademark application, it is filed separately through a trademark attorney as a special offer.
The office rejects identical or indistinguishably similar applications on its own. For merely similar applications, examination happens only if the earlier owner opposes within two months of publication in the bulletin.
In the class of the goods or services you will sell, and in related classes. For example, cosmetics are class 3, clothing class 25, and beauty and health services class 44.
Updated: October 2026