Let’s discuss artificial intelligence (AI) in general, and whether it’s going to affect and impact the world of trademarks, and filing and registering trademarks. Some of my attorney colleagues are up in arms, wondering if their jobs are going to be replaced by AI the next five years. I have no such fears.
I’ve always said the process of applying for a trademark registration is both an art and a science, and I don’t think that will ever be replaced by computers. Computers can do the science part of it, but the art of it is much more nuanced.
Knowing the nuances of how to describe a product or service for a client, how to potentially avoid a refusal, and all the strategy that goes into filing a good trademark application – those are going to be, in my opinion, impossible to replicate with AI.
However, I do think that there are some areas where AI will impact what we do, hopefully in a positive way. For example, AI could help conduct studies and analyze date regarding consumer behaviors, on brands that are already registered, and using decades of court decisions regarding the types of marks that are confusing similar, and what types of goods and services are related and unrelated.
Perhaps AI can build a useful body of research that will provide guidance about likelihood of confusion analysis. But will only be guidance. Every situation is unique, and there’s a multitude of factors. That’s why AI, my opinion, will never replace attorneys for their counsel and guidance in the world of trademarks.
