The use of AI to generate brand names has exploded. Tools such as ChatGPT, Namelix and dedicated naming generators can produce dozens of attractive options in seconds. The problem is that none of them checks trademark registers.
Several start-ups have received oppositions or cease-and-desist letters from proprietors of existing marks after building entire brands around AI-generated names that turned out to be similar to earlier registered marks, phonetically, visually or conceptually.
An illustrative example is an AI generator proposing 'Netflux' for a streaming service. The phonetic and conceptual similarity to Netflix is obvious. A name like that would not survive opposition proceedings.
The basic rule is simple: every brand name, whether generated by AI or created by an agency, must be cleared through a professional availability search before launch.
That includes searches in the OSIM, EUIPO and WIPO databases and, where relevant, in the national registers of the target markets. The cost of a clearance search is negligible compared with the cost of a forced rebrand.