"Cycology" (cycling apparel) vs "Psychology" (mental health). Different spelling, identical pronunciation. Trademark offices reject based on sound, not just spelling. Homophones = conflicts.
The Sound Test
USPTO/EUIPO/UKIPO consider: (1) Visual similarity (spelling). (2) Phonetic similarity (sound). (3) Conceptual similarity (meaning). Identical sound alone = refusal even if spelled differently.
Common Homophone Traps
"Lite" vs "Light." "Nite" vs "Night." "Kool" vs "Cool." Deliberately misspelled brands create phonetic collisions. Examiners recognise spelling tricks.
Cross-Language Phonetics
"Bimbo" bread (Mexico) = innocent Spanish word, offensive English slang. Pronunciation varies by market. English speakers reject brand, Spanish speakers accept. Same spelling, different sounds, different reactions.
Accent Variation
"Beta" = "BAY-tuh" (US), "BEE-tuh" (UK). Regional pronunciation differences create conflicts in one jurisdiction, not others. UKIPO may refuse what USPTO accepts.
The Silent Letter Problem
"Honest" sounds like "Onest." "Knight" sounds like "Night." Silent letters invisible when spoken. "Hour" vs "Our" = homophones. Customers order verbally, confusion inevitable.
Telephone Test
Spell name over phone without explanation. "P as in Paul or B as in Boy?" If clarification required, phonetic ambiguity exists. "Pets.com" vs "Bets.com" indistinguishable verbally.
The Invented Word Advantage
"Spotify," "Häagen-Dazs," "Kodak" = no existing homophones. Phonetically unique by design. Zero sound-alike conflicts. Distinctiveness = trademark strength + customer clarity.
Trademark Lens uses text-based trademark databases - phonetic similarity requires human judgment, not automated screening alone.