Commerce and technology are rolling like a snowball, moving faster each day and bringing new trends into the market. A notable example is the growth of consumers who use voice assistants such as Amazon Alexa, Google Assistant and Apple Siri to search for and purchase goods and services. It is estimated that the number of active voice assistant devices worldwide has reached 8.4 billion1. "The Voice Commerce Market is expected to reach US$ 252.83 billion by 2033 from US$ 40.88 billion in 2024, with a CAGR of 22.44% from 2025 to 2033", according to a report by Research and Markets2, which is attributed to the increasing use of smartphones, smart speakers, and Internet of Things devices that allow voice-based communication.
Traditionally, trademark clearance searches focus more on the visual comparisons of the marks, as the visual similarity has generally played the leading role before the authorities in assessing the likelihood of confusion and association. The Turkish Patent and Trademark Office clearly states in its Trademark Examination Guideline that in cases where two marks are visually different, phonetic similarity alone is generally not considered sufficient to decide on the indistinguishable similarity during the ex-officio examination. Although it may be decisive depending on the specific case, phonetic similarity has usually been treated as a supplementary aspect in similarity evaluations where phonetic considerations are relevant. However, the increasing popularity of voice commerce and voice search appears to challenge this traditional approach.
Imagine saying, "Alexa, add NEVEKS to my cart", and Alexa gets it as "New X". In online shopping, where we typed words to search, that was not a problem, but with voice assistants, even small differences in pronunciation can cause confusion – not to mention the diverse dialects and accents from different regions. This vulnerability emphasizes the importance of phonetic similarity assessment during clearance searches as well as the value of local insights to better evaluate the legal and commercial issues. Modern clearance searches should therefore include an in-depth phonetic and linguistic analysis as to how the names or words are likely to be pronounced locally, how they are heard and understood by voice assistants and whether they could be misheard and misinterpreted as competitors' marks.
By shifting focus from written to spoken interaction, voice commerce has been reshaping the relationship between consumers and brands. Trademark clearance searches and the search tools must keep pace – with an even stronger emphasis on phonetics. The future of brands may well depend on how they are heard, and IP practice must adapt to make sure they are.
Footnotes
1 Smith, Sam. Juniper Research, www.juniperresearch.com/press/number-of-voice-assistant-devices-in-use/. Accessed 28 Aug. 2025.
2 Research and Markets, www.researchandmarkets.com/reports/6116398/voice-commerce-market-global-report-type#tag-pos-1. Accessed 28 Aug. 2025.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
