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Ai Revolutionize Trademark Registration

How AI is Going to Revolutionize Trademark Registration

Joshua Julien Brouard

Joshua Julien Brouard

24 January 20244 min read

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How AI is Going to Revolutionize Trademark Registration

If there's one game-changing technology worth discussing, it's artificial intelligence.

Generative AI, such as ChatGPT, took 2023 by storm.

In fact, it has the fastest-growing user basis in history!

And it's changing how we do things — including how trademark registration is performed.

But what's going to change exactly? That's what we'll be exploring next.

AI and trademark registration — changing the way trademark attorneys work.

AI can do in seconds what it may take hours for an associate lawyer to do — that's a scary fact!

And at Trademarkia, we're not unaware of this reality.

Lawyers will have to learn how to adapt AI into their legal practices while concurrently providing real human services.

So can AI replace attorneys?

Absolutely not! 

AI still requires the guiding mind of a trained lawyer, or disaster can strike.

And sometimes this can be in the courtroom itself.

ChatGPT "hallucinates" bogus case law.

Read the full story here: Attorneys "Truly Mortified" as They Face Sanctions Over ChatGPT's "Hallucination".

In this case, an attorney, Schwartz, cited cases to the judge in his client's defense. The issue?

These cases didn't exist.

(Which he would have known if he had searched for them after getting the information from ChatGPT.)

The lesson?

AI is both a tool and a work in progress; it needs the guidance of a trained trademark attorney.

Relying on it solely? This can lead to disaster!

"The future of trademark filing is coming soon" - CEO of Trademarkia.

Raj Abhyanker, attorney and co-founder at LegalForce Law, recently posted on his personal LinkedIn, addressing his firm's trademark lawyers:

"Businesses will put in a name, logo, and slogan & if it's registrable, they will get a registered trademark.

Governments will be slow to change, so there might still be a form filing step in the near term. But, likely not for long.

This will effectively eliminate US trademark examiners and it will eliminate US trademark prosecution attorneys.

I am firmly convinced of this now in view of ChatGPT 4. And, ChatGPT 5 next year and the upcoming ChatGPT phone is going to have unfathomable power.

Hence, either we are going to be at the bleeding edge of this, or someone else will.

What this means that each attorney in the next five years must update and enhance their skills to stay relevant:

You need to learn:

  • How to write complaints and motions, take depositions, attend hearings, and advocate for clients. (Eg, take NITA classes, start with pro bono on smaller cases).
  • Develop general counsel skills, relationship building, strategic counseling, and negotiation skills.

The above skills require advanced legal skills and human fact-finding and relationship building and are less likely to be fully generative AI'd in the future.

The old ways will not work soon..."

The idea that Raj is conveying here is simple:

Artificial intelligence will be automating many of the current manual processes of trademark applications.

Attorneys will need to upskill and refocus their skills in areas that AI tools can't yet replace.

Having the skills for registering trademarks alone is no longer enough!

We can also see that, unlike at present, it's probable that successful trademark registration will no longer take up to a year or longer.

It'll likely be profoundly quicker than this, making it an exciting time for businesses and intellectual property professionals worldwide.

But what about evaluating trademark infringement risks? Can an AI system do this, too?

How AI can detect AI infringement risks

Interesting fact:

Did you know that AI beat law graduates on the bar exam?

That's the reality we live in!

So, based on that, it might seem obvious that AI can detect the risk of infringing on existing trademarks.

But of course, there's more to it.

Businesses have, however, been developing specific AI algorithms for this purpose.

Take our initiative, Trademarkia.ai.

Chidhambararajan Ramachidambaram, Sr AI Engineer at Trademarkia, explains:

"Trademarkia.ai is an AI tool created by Trademarkia to provide consumers with AI-powered tools for trademark search and trademark availability. Its crown feature is the trademark registrability predictor. 

Our trademark registrability predictor works by taking the trademark titles and trademark descriptions. 

With the same information, the engine calculates four important metrics: famous marks, genericness, merely descriptive, famous personality, similar marks, and geographic distinctiveness to determine the probability of a trademark's registrability."

By this alone, we can already see that trademark registration is only going to get more streamlined!

The future of trademark registration — it's already begun!

Like it or not, AI technology is here to stay.

We've already seen "lesser" uses of AI, such as with AI-generated content.

But we've barely seen how AI will impact the legal field.

However we do know one thing:

The application of trademark law is going to look very different when artificial intelligence is applied!


FAQs

How does AI affect trademarks?

AI significantly streamlines trademark search and registration processes. It also assists in identifying potential trademark infringements by analyzing vast databases.

Who owns intellectual property created by AI?

The ownership of intellectual property created by AI is legally complex and varies by jurisdiction. Currently, most laws attribute ownership to the human creator or the entity that commissioned the work rather than the AI itself. Ongoing legal discussions and potential reforms may change this perspective in the future.

What are the legal issues with artificial intelligence?

Legal issues surrounding AI include:

  • Liability for AI decisions or actions.
  • Privacy concerns due to data usage.
  • Intellectual property rights involving AI-generated content.
  • ethical considerations about AI autonomy and bias. 

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Joshua J. Brouard brings a rich and varied background to his writing endeavors. With a bachelor of commerce degree and a major in law, he possesses an affinity for tackling business-related challenges. His first writing position at a startup proved instrumental in cultivating his robust business acumen, given his integral role in steering the company's expansion. Complementing this is his extensive track record of producing content across diverse domains for various digital marketing agencies.