In today’s world, brand naming has become a high-stakes game of creativity, strategy, and legal gymnastics, writes Kunal Vora.

You may not know it, but “Pee Cola” is a cola brand in Ghana, where its name means “very good cola” in local dialects. Now, imagine if it were sold under the same name in English-speaking markets—that would be so much fun!

Brand names don’t exist in a vacuum. What resonates in one culture can confuse—or amuse—in another. As brands expand across borders and compete in crowded markets, the challenge isn’t just finding a name that fits you right—it’s finding one that’s available, culturally appropriate, and legally defensible.

In recent years, several notable trademark disputes have highlighted the complexities of brand protection.

Notable trademark disputes

1. Starbucks vs. Sardarbuksh Coffee & Co. (2018): Starbucks initiated legal action against the Delhi-based café “Sardarbuksh” due to similarities in name and logo. The Delhi High Court directed the defendants to rebrand as “Sardarji-Bakhsh” for their new outlets until the final hearing
2. Apple vs. Franki Pineapple (2020): Apple filed a lawsuit against indie musician Stephanie Carlisi over her stage name “Franki Pineapple,” arguing that it was too similar to “Apple” and could tarnish the company’s reputation
3. McDonald’s vs. Hungry Jack’s (2020): McDonald’s pursued legal action against Australian fast-food chain Hungry Jack’s over its “Big Jack” burger, alleging it infringed on the “Big Mac” trademark. However, McDonald’s was unsuccessful in protecting its flagship burger’s name
4. Amul vs. Terre Primitive (2024): Indian dairy giant Amul sued French company Terre Primitive over the latter’s “Amuleti” product, securing its brand identity and preventing potential consumer confusion

And more recently, Indigo Airlines sued Mahindra for using 6E, reinforcing the need for distinct brand identifiers.

Once upon a time, naming a brand was relatively straightforward. You picked something functional, descriptive, and available. Done. But in today’s world, brand naming has become a high-stakes game of creativity, strategy, and legal gymnastics. It’s like trying to find an original username on social media—except the stakes involve millions in branding, trademarks, and consumer recall.

The internet ruined everything (kind of)

The internet has turned naming into a nightmare. Businesses that once operated local silos now need names that clear global checks. What works in one market might be taken – or worse, mean something unintended—elsewhere. Cultural nuances, phonetic similarities, and existing trademarks all pose potential pitfalls, making the process of naming far more complex than ever before.

When crafting a brand name in the digital era, consider its global viability beyond local appeal. Conduct thorough linguistic and cultural assessments to preempt unintended connotations across diverse markets.

Then there’s the domain name race. No .com? Do you even exist?

Social media makes it even trickier. If your Instagram handle is @TheReal_Authentic_Brand_Official, you’ve already lost the branding battle.

Your website doesn’t have .com? Do you even exist?

Trademarks: the legal landmine

Trademark registrations have skyrocketed globally, making it nearly impossible to find an unclaimed name. The U.S. Patent and Trademark Office alone has over six million active trademarks—and that’s just one country. The USPTO’s Fiscal Year (FY) 2025 President’s Budget Submission (Budget) requests authority to spend agency user fee collections of $4,555 million, comprising $3,972 million in patent fees, $583 million in trademark fees, and $60 million in other income.

This means even the most creative, never-before-heard names are often taken. Companies now conduct exhaustive trademark searches, legal screenings, and linguistic tests before even considering a name.

Companies now conduct exhaustive trademark searches, legal screenings, and linguistic tests before even considering a name.

The Global Brand Database on WIPO becomes a good starting point to validate first-level conflicts and assess availability. Securing trademarks, domain rights, and social media handles early helps prevent legal disputes. A brand name should be distinctive, adaptable, and strategically crafted for long-term scalability.

The science of sound & psychology (There is no report, this is basis author’s experience)

A great brand name isn’t just available—it’s memorable, phonetic, and emotionally charged. The brain latches onto sharp sounds like “K” and “T” (Kodak, TikTok) for impact, while “L” and “M” add luxury (Lexus, Moët).

A great brand name isn’t just available—it’s memorable, phonetic, and emotionally charged.

But even a perfect-sounding name can backfire. It needs to evoke the right emotion, stay culturally neutral (or deliberately bold), and avoid linguistic disasters—like Chevrolet’s Nova, which flopped in Spanish markets because “No va” means “doesn’t go”.

Own your own name

With so many words taken, brands are resorting to making up their own. Google, Zillow, and Spotify weren’t in the dictionary before they became billion-dollar names. While coined names have existed for years, they are more popular than ever today.

Then there’s the mashup approach—blending words into something new, like Instagram (Instant + Telegram) or Pinterest (Pin + Interest). While effective, this strategy requires a balance between creativity and clarity. A name that’s too abstract can alienate consumers, while one that’s too forced can feel unnatural.

The global branding conundrum

What sounds brilliant in one language might be a disaster in another. Cultural and linguistic considerations play a huge role in naming. Take Mitsubishi’s Pajero, which had to be renamed in Spanish-speaking markets because “pajero” is an offensive slang term.

Global brands must test names across multiple languages to avoid unintended meanings.

Global brands must test names across multiple languages to avoid unintended meanings. This has led to a surge in AI-driven linguistic analysis, though even technology can’t always predict how a name will be received in different cultural contexts.

So, what’s the solution?

With every obvious name taken and every creative one feeling like a risk, what’s a brand to do? Coined words offer originality—if they’re easy to say and remember.

While .com is still king, brands are embracing .io, .ai, and .co. But a great name isn’t just about availability; it must pass linguistic, cultural, and trademark checks. Story matters too—a name with a strong backstory sticks. And before you fall in love with a name, make sure you can legally own it.

Brand naming today is an intricate dance between art, science, and legal constraints.

The art of naming in a crowded world

Brand naming today is an intricate dance between art, science, and legal constraints. It’s no longer just about what sounds good—it’s about what’s available, memorable, and legally ownable.

So, the next time you hear a brand name that seems effortlessly perfect, know this: it wasn’t a lucky accident. It was a battle of strategy, creativity, and legal loopholes.

Brand naming is much like finding a soulmate—distinctive, meaningful, and emotionally resonant. It’s a journey of patience and precision, where the right choice feels inevitable yet hard-won. Though the search is arduous, a name that resonates deeply and stands the test of time is worth every effort.

Originally Published:

Branding in Asia: https://www.brandinginasia.com/brand-naming-is-harder-than-ever-heres-why/