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AI is revolutionising trademark law practice

By James Wan

What you need to know (in a nutshell)

  1. AI is currently used by trademark attorneys to help check the availability of trademarks and spot threats. It saves time and is a useful time-saving tool in the process.
  2. AI is expanding its usage, and it could fundamentally alter the nature of trademark practices by allowing lawyers to add value for clients in the brand idea-generation phase. With AI, attorneys can help smaller businesses brainstorm a brand or find a new one after losing theirs in a legal fight.
  3. AI technology may continue to alter the work and toolkit of trademark attorneys, but it cannot replace them entirely as trademark law involves a lot of subjectivity, and human creativity will always be a factor.
  4. Full Article

Artificial Intelligence is becoming increasingly commonplace in the work of trademark attorneys, as companies use AI to check trademarks and identify potential trademark threats. This technology could potentially change the way that trademark professionals operate in future. Instead of being brought on at a later stage of brand development, trademark attorneys may have an integral role in helping clients come up with suitable ideas for their brands earlier on. For example, Ashley G. Kessler from Cozen O’Connor works with ChatGPT regularly when searching for cannabis-related names - recently coming across Herb Heaven, Weed Wishes, Ganja Garden and Grass Gorilla – all demonstrating how effective such processes can be even without consulting any existing registrations or web searches identifying common law usage rights which may exist already.

With this kind of tool now available to them it’s likely lawyers will soon start receiving requests from marketing departments looking not only for advice but also for help generating brand name ideas too! It won’t replace large companies’ entire marketing teams entirely either however many smaller businesses are set to benefit hugely thanks to the assistance provided through artificial intelligence platforms like ChatGPT.

CoreSearch utilises AI algorithms both internally within organisations monitoring unregistered marks around internet activity, as well as externally running instant checks against US Patent & Trademark Office databases flagging anything similar enough o pose risk factors regarding registration attempts or infringements occurring elsewhere. While there remain legal challenges associated with computer-generated results often perceived as “context” dependent human analysis is still required before conclusions can be drawn conclusively about intellectual property matters pertaining specifically towards trademarks. Jennifer Van Kirk added, “Trademark Law isn’t immediately amenable to humans leaving process entirely”.

Though some argue much larger implications arise surrounding copyright issues related directly to creation itself it’s worth noting who crafted a particular mark is legally irrelevant so long as core concerns focus primarily upon first-party commercial usage plus goods/services covered, more so than actual conception. Britt L Anderson commented: The AI tools help time-saving purposes yet further refining necessary via the application of relevant principles contextually derived though difficult task computes evaluate accurately given complexity Involved Ip disputes generally speaking perhaps ultimately pushing lawyers to become a one-stop shop for clients going forward expectation created higher standard services sought beyond what traditionally expected far-reaching possibilities seen linked herein mindboggling capacity expansion unlocked nascent stages commercially viable marketplace full potential tap if considered seriously