Intellectual property · Legal information

What Is a Trade-Mark Similarity Search?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A trade-mark similarity search is a scan of close signs on the register before a filing is made. The question of what a trade-mark similarity search is is answered by looking at the word, the logo, and the class together. The scan is not a registration decision. A clear report does not itself erase the Office's letter of refusal or a third person's opposition. A time limit is not in this note, and none is added.

The search can narrow the filing strategy. Changing the sign, cutting the class, or asking separately about a claim of priority are notes written in the margin of the report. The note does not stand in for the register document. While a current printout is missing, it is not called clear.

What is scanned

Word, logo, similarity of sound, and visual closeness are read together with the classes chosen. Looking only for an identical copy is not enough. A close spelling, the same root, and a similar figure can enlarge the risk of refusal. If the class list has been kept narrow, the scan stays inside that narrow list. The list itself may not match what the good and the service actually are.

The date of the printout shows which moment of the register it is a photograph of. An old printout may not show a filing that came in between. If the report says "there is no obstacle", this sentence does not mean the Office examination has finished. If the report says "there is a close sign", the filing can still be opened. Opening it does not mean that sign has been ignored. The decision is built by looking at which class each line on the list stands in.

What a clear printout does not finish

A page without an obstacle does not disregard an opposition that will be made in the bulletin. A third person can put forward their own earlier sign during publication. The Office can also refuse on a ground that is not in the search note. If a letter of refusal arrives, the search helps to read the ground. The search is not pasted in place of the refusal decision.

If there is a claim of priority, the date of the earlier filing is asked for separately. The search does not itself produce the priority document. If a change of class is being considered, the scan is read again with that class. Carrying the same printout to a new class does not complete the scan. If the petition is built without mentioning the close signs in the report at all, the file can remain incomplete. An incomplete petition does not itself clear the register.

A separate task after the filing

Watching the bulletin after the filing is made is not the search. The search looks backward and at the register. Watching looks at new filings that come out in publication. The two are not the same paper. If a refusal arrives, the ground is read side by side with the search note. The note does not correct the Office's writing.

The neighbouring records are as follows. The steps of registration sit in trade-mark registration, the class list in choice of class, and the ground of refusal in refusal of the application. The look after publication sits in bulletin watching, and a claim of an earlier date in priority. This note does not add a time limit to those records.

Where the scan is read from

The date of the register printout, the class list, and the lines of close signs are placed side by side. A time limit is not written. A clear report is not read as a registration decision. The address of the office in Çankaya does not change the authority of the trade-mark register or the competent court. If the printout is old, the current register is asked for separately.

While a concrete list is missing, it is not said that nothing similar was found. If the classes in the application petition do not match the classes that were scanned, the scan remains half done. A half scan does not itself reduce the risk of opposition to zero. The decision is not built without looking at which good each close sign in the report stands for.

The report and the register are not the same paper

The search document is a view of the register on that date. If the register has changed later, the document stays old. A contract can write that the agency did a search. The contract does not stand in for the Office decision. An invoice can show the fee of the scan. The invoice does not show that the sign has been registered. If the minutes write which word was searched in which class, those minutes speak.

If the filing has not yet been opened, the report is a preparation. If the filing has been opened, the report is read together with the letter of refusal or of opposition. The opposition petition can also be built without mentioning the line in the report at all. That it can be built does not mean the line is unimportant. A time limit is not added later into this distinction.

Conclusion

A trade-mark similarity search shows the risk. It is not a registration decision. A time limit is not in this note. A clear report is not read as a registration decision. The frame sits on the intellectual property law page, and the basis is the Industrial Property Code No. 6769.

Legislation

Frequently asked questions

Is it compulsory?

It is not a condition under the statute. It is done to see the risk. A clear printout does not stand in for the Office examination.

Is a clear report a registration?

No. The Office examination and an opposition in the bulletin run separately. If the date of the report is old, the register may have changed.

Is it only the same class?

Nearby classes are weighed as well. If the choice of class stays narrow, the scan stays narrow too.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

A consultation

We can look at the matter with you. The path depends on the documents. This is not a promise about the result.

Call