ARTIFICIAL INTELLIGENCE AND TRADEMARK PROTECTION

Abstract

Although Artificial Intelligence does not represent a new concept, it seems that only in the recent years it started to have a massive impact on people’s lives, including their economic behavior. As a consequence, Artificial Intelligence has taken by storm the world of Intellectual Property. While its advantages and disadvantages are still not clearly defined or its benefits and threats are still being debated, the presence and influence of Artificial Intelligence can no longer be disregarded. In this context, its intersection with intellectual property rights, including with aspects concerning trademark protection, is inevitable. Artificial Intelligence became a very useful tool for intellectual property offices, being used to create an interface with users, to assist applicants in online filings and also in connection to examination proceedings. Thus, although it usually came more to the aid of applicants, Artificial Intelligence became more and more helpful to examiners as well. More importantly, Artificial Intelligence changed the consumers’ buying habits, and this aspect puts the classical trademark role and functions into a new perspective. This being said, the present paper aims to find which are the evolutions in connection to trademark protection and practice brought by the presence of Artificial Intelligence tools, both from the perspective of the national offices and from the point of view of consumers.

Keywords

• artificial intelligence
• intellectual property rights
• trademark protection
• average consumer
• likelihood of confusion