IRCI Article ID: IRCI-AR-0000003185

Legal Challenges for the use of AI in Trademarks

Authors:

Mahmud Rahat Sagheer Abbas Iqbal Saujan

Journal: Trends in Intellectual Property Research

Publication: 2025-11-22 · Vol. 3 No. 1

DOI: 10.69971/tipr.3.1.2025.86

Cite this article

Citation

Choose a citation style or copy BibTeX for your reference manager.

Style

View Original Publication

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.

0
IRCI Cited By

10
Indexed References

Authors

Mahmud Rahat

Affiliation: Department of Law, European University of Bangladesh, Dhaka 1216, Bangladesh

Sagheer Abbas

Affiliation: Department of Law, Nusa Putra University, Jawa Barat 43152, Indonesia

Iqbal Saujan

Affiliation: Department of Islamic Studies, South Eastern University of Sri Lanka, Oluvil, Sri Lanka

References

Bainbridge, David. 2024. Intellectual Property. 16th ed. London: Pearson Education Limited.

Curtis, Lee, and Rachel Platts. 2017. AI Is Coming and It Will Change Trade Mark Law. ManagingIP.com. HGF. Accessed November 20, 2025.

Curtis, Lee, and Rachel Platts. 2020. Trademark Law Playing Catch-up with Artificial Intelligence? WIPO Magazine, June. Accessed November 20, 2025.

Gogoi, Pallabi. 2025. The Rise of AI-Generated Trademarks: Infringement Implications and Future Directions. Zenodo. Accessed November 20, 2025.

IIPRD Blogs. 2024. Impact of AI on Trademark Law: Recent Developments and Future.” IIPRD Blogs, March 6. Accessed November 20, 2025.

Kaagzaat. 2024. How AI Is Changing Trademark Laws? Kaagzaat. Accessed November 20, 2025.

Köse, Mutlu Yıldırım, and Havva Yıldız. 2024. The Impact of Artificial Intelligence on Trademark Law. Gün + Partners, March 6. Accessed November 20, 2025.

PatentPC. 2025a. How AI Is Changing Trademark Filings Across Different Legal Systems. PatentPC, September 30. Accessed November 20, 2025.

PatentPC. 2025b. The Legal Challenges of AI-Powered Trademark Registrations. PatentPC, October 11. Accessed November 20, 2025.

Singh, Yashasavi, and Richa. 2025. Application of AI in Trademark Examination Process in India. Journal of Legal Research and Analysis 1: 1–17.

Cited By (0)

No indexed citing article has been matched by IRCI yet.