What is it about AI that has turned the world so anxious about this revolution? Our focus for this article is the field of Trademarks and in order to have a look at the impact of AI, we have to at first go back to the basics. In simple terms, trademarks were created through the need for interaction between humans and brands in the purchasing process. This is the reason why the foundational concepts of trademark law are all human cantered (the average consumer and the public, visual and conceptual similarity between signs, confusion, imperfect recollection etc). Below, we go through a scenario of AI usage implications in the application process.
Trademark clearance
Your branding team is trying to conclude, with a bundle of new logos and texts and they suggest that the company proceeds with the trademark clearance process. The trademark clearance process comes down to essentially a coherent search of all trademarks that may impose obstacles to the registration of the suggested logos and texts. A properly executed trademark clearance from an IP expert will most of the times, clear the path to registration (you can find more on why your business needs trademarks you can click here). Enter AI generative tools. The team may be tempted to request from an AI app to find similar names, images, sounds, slogans or even a combination of any of these, depending on the particular tool's intelligence for the risk assessment process.
At first glance, the dangers are indeed not evident. However, the results that may come up from AI will have to be contradicted with the relevant IP registers as they may indeed be only slightly different than already filed and registered trademarks. It is evident that the AI tool will only go across the internet. If no similar marks are found, it does not mean that a similar mark does not exist in the trademarks register. This does not mean that someone is not already using the mark. This does not mean that similar marks will not impose a threat to yours. Searching the internet for the mark you are thinking of registering will almost never be enough to keep you on the safe side. The human eye is still the best tool to be used in the trademark clearance exercise and the only way to identify possible conflicting trademarks early on. Whatever an AI tool generates should in any way go through a trademarks attorney's clearance procedure.
Nevertheless, we believe that these kinds of issues will only make trademarks even more relevant and important to today's world.
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