Legal Challenges for the use of AI in Trademarks

Abstract

IP landscape is being influenced by AI which has nearly taken over design, search and litigation aspects of trademarks. AI tools are more efficient, quick and accurate throughout trademark life cycle .AI is bringing new ideas and concepts in creation and design of trademark logos, in searching trademark repositories before and during registrations, due diligence during maintenance, enforcement and revocation. Current research analyses AI footprints in transforming trademark domain evaluating its legal impact especially regarding improved clearance search and expedited trademark examination. The evolving concept of trademark originality, distinctiveness, algorithmic consumer likelihood of confusion evaluation, algorithmic transparency in decision by IP office and fixing liability in AI-made errors. Trademark legal structure needs to be overhauled for harmonization of generative AI-trademarks governance.