08/07/2026
Two brands. Different spellings. Same sound when spoken out loud.
One of them got sued into oblivion.
Here's what most founders get wrong about naming:
they check if the name is available.
They don't check if it's distinguishable.
Trademark law doesn't care about your spelling.
It cares about phonetic similarity ,how the name sounds, not how it's written.
"Kool" and "Cool" are the same problem wearing different outfits.
So before you fall in love with a name:
→ Say it out loud next to your top 3 competitors' names
→ Check phonetic similarity, not just spelling similarity
→ Confirm it's clear within YOUR specific trademark class (a name can be identical in a different class and be perfectly fine)
→ Get a proper trademark search, not just a Google search
A name isn't unique because no one else spells it that way.
It's unique because no one else sounds like it, in your space, in your class.
This is exactly where we start with every brand we build ,
the name comes first, and it comes with the checks most people skip.
Brand first. Design after.
