The One Thing to Do Before Filing a Trademark Application
Date Published
For a founder who has invested years in a brand, learning that the application was refused for being “similar to an existing mark” is a uniquely deflating moment. The root cause is almost always a search that was either skipped entirely or done too superficially.
Identical or confusingly similar?
Most founders search only for the exact letter sequence. The Turkish Patent and Trademark Office, however, evaluates similarity holistically — visual, phonetic, conceptual. Two marks spelled differently but pronounced identically can still collide.
Class selection: too narrow vs too broad
Trademarks are registered in specific goods/services classes. Too narrow leaves you exposed when you expand; too broad inflates costs and creates an invalidation risk for non-use. The right strategy balances today’s portfolio with a 3-5 year business plan.
Well-known marks can surprise you
Some marks enjoy cross-class protection — well-known marks. Even if your class is different, an evocative element in your name can still get you refused. Search must therefore extend beyond your own class.
Bottom line
A TÜRKPATENT refusal doesn’t refund the official fees. Re-filing means paying again. A professional clearance search cuts this risk by an order of magnitude and tells you exactly what to adjust before filing. The ROI is easy maths.