In the digital age, artificial intelligence (AI) technology is widely employed in the design industry. More and more businesses and individuals use AI-powered platforms like Bing, Midjourney, or Logo generators such as designevo.com to enhance efficiency in their work. However, this practice is not without its risks. So, what issues may arise when applying for a trademark for logos generated by AI platforms such as Bing, Midjourney, Dalle, or designevo.com?
I. Fierce Competition: Securing Trademark Rights Quickly
The key is to be the first to submit the application, so speed is crucial.
AI-generated logos can be created in a very short period, allowing businesses or individuals to quickly launch their brands. However, this also means that others may apply for trademark rights on similar or identical logos ahead of time. Trademarks operate on a "first-to-file" basis, meaning the first to submit the application has the opportunity to secure registration.
Therefore, after generating a logo using AI, businesses or individuals need to act swiftly. Consult with a professional trademark office, like JinRui Trademark, to submit a trademark application promptly and ensure a competitive advantage.
Recommendation: Engage a professional trademark agency for comprehensive trademark searches and subsequent actions to guarantee the fastest and most complete protection for your brand. Goldkeen Trademark has a professional and experienced intellectual property team, providing trademark case numbers in 8 hours, assisting you in quickly submitting trademark applications. → Apply for a trademark now
Trademark applications are primarily examined for:
- Any similarity to existing trademarks (Article 30, Paragraph 1, Subparagraph 10 of the Trademark Law)
- The distinctiveness of the trademark itself (Article 29 of the Trademark Law)
II. Prior Case Risks: Maintaining the Uniqueness of the Trademark
The key is to be cautious of prior cases, as other creators or designers may use similar source materials.
AI-generated logos often rely on a large amount of data and materials, which may come from the public domain, free image libraries, or existing trademarks. Determining whether a trademark passes or is similar relies on a comprehensive assessment of overall appearance, pronunciation, and meaning. Therefore, the use of source materials with prior cases may affect the success rate of trademark registration. If a trademark examiner discovers that your trademark is similar or identical to another during the examination process, your application may face rejection.
Recommendation: Exercise caution when choosing source materials for designing trademarks to ensure their uniqueness. Additionally, enlist a professional trademark agency to apply for trademark registration, as they will conduct a thorough trademark search to analyze the likelihood of encountering prior cases.
※ "Prior cases" refer to trademark applications or registrations filed before our submission.
III. Potential Copyright Disputes: Ensuring Legal Authorization for Source Materials
The key is to be aware of potential copyright disputes.
AI-generated trademarks may involve copyright issues, especially when using images or materials from the internet. Even if these materials are in the public domain, copyright disputes may arise.
While the Intellectual Property Office does not require proof of how the image was created when examining trademarks, if the AI-generated logo closely resembles the work of others, individuals who feel their work has been copied can file objections under Article 30, Paragraph 1, Subparagraph 15 of the Trademark Law. Therefore, using AI-generated logos as brand images may introduce various uncertainties.
Recommendation: Ensure that the materials used in trademark design are legal or obtained with the necessary authorization.
While using AI to generate trademarks can enhance design efficiency, it also brings potential legal and competitive risks. Businesses should handle these issues with care. Additionally, it is recommended to prioritize trademark applications early in the branding process, ensuring uniqueness and legal use of source materials. Design companies, designers, and startup brand operators are welcome to consult with Goldkeen Trademark for details to ensure a flawless intellectual property foundation for brand growth!
※ Web Reference:
https://www.designevo.com/tw/logo-maker/
※ Reference to Trademark Law Regulations:
→ Trademark Law Article 30
A trademark shall not be registered under any of the following circumstances:
10. Identical or similar to another person's registered trademark or prior-applied trademark for identical or similar goods or services, causing confusion among relevant consumers. However, if the owner of the registered trademark or prior-applied trademark agrees to the application and it is not deemed improper, this restriction does not apply.
15. Infringing another person's copyright, patent rights, or other rights as determined by a final judgment. However, if the applicant agrees to the registration, this restriction does not apply.
→ Trademark Law Article 29
A trademark shall not be registered under any of the following circumstances:
1. Composed solely of a description indicating the quality, purpose, raw material, place of origin, or relevant characteristics of the designated goods or services.
2. Composed solely of a common emblem or name of the designated goods or services.
3. Composed solely of other signs lacking distinctive features.
In cases specified in the preceding paragraph's first or third subparagraphs, if the applicant has used the trademark and it has become a distinctive mark for the applicant's goods or services in trade, this restriction does not apply.
If a trademark design includes non-distinctive elements, and there is doubt about the scope of trademark rights, the applicant should declare that those elements are not included in the exclusive rights. Failure to make such a declaration will result in the trademark not being registered.
