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Can I register a trademark created by Artificial Intelligence?

Brett Trout

Patents require a human inventor and copyright requires a human author, but trademarks require neither a human inventor nor author. There are many reasons the United States Patent and Trademark Office (USPTO) might reject your application for federal trademark registration, such as likelihood of confusion with an existing trademark, being merely descriptive or misdescriptive, being merely a surname, being merely ornamental etc. One reason the USPTO will not reject your trademark application, however, is because your trademark was generated by artificial intelligence.

While you will not be able to copyright your AI-generated trademark, this may work in your favor. You not being able to register the copyright means no one else may register the copyright in the trademark either. This eliminates the problem of the artist you paid to design your logo stealing the logo from somewhere else, resulting in a copyright lawsuit that lands you in federal court.

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Posted in AI, Artificial Intelligence, Internet Law, Trademark Law, Trademarks. Tagged with , , , , , .