Artificial intelligence (AI) has long since found its way into creative processes. Whether through AI-generated logos, product names, or advertising texts, the use of automated systems is becoming increasingly attractive for many companies. The question is, however: Is such AI-generated content eligible for trademark protection? And what risks arise in the digital environment?
Basically, trademark law protects signs that are capable of distinguishing the goods or services of one company from those of other companies. Whether a brand name originates “from a human” or was generated with the help of an AI is initially irrelevant – the decisive factor is whether the sign meets the legal requirements.
Nevertheless, anyone wishing to use AI-generated content as a trademark must be aware that the responsibility for compliance with the protection requirements lies with the applicant. AI does not check for collision risks or absolute grounds for refusal – this remains the task of humans.
Absolute grounds for refusal and generative tools
AI tools such as ChatGPT or name generators can provide impressive suggestions – but these are not automatically registrable. Generic or descriptive terms in particular (e.g. “Smart Charger” for chargers) regularly fail under Articles 8 (2) Nos. 1 and 2 of the German Trademark Law. Novel, AI-generated terms can also be problematic if they are purely descriptive or – in the case of a figurative mark – not distinctive in their graphic design.
Therefore, the following applies: Even in the case of AI-generated suggestions, a preliminary trademark search should always be carried out – ideally with professional support.
Risks associated with unprotected AI content
A common misconception: “The AI created the image/name – so I can use it.” In fact, even AI-generated content remains legally tricky, especially with regard to:
- Copyright templates: Many AI models have been trained with copyright-protected content. Whether the result is actually “free” to use has not been conclusively clarified in legal terms.
- Reputation and plagiarism risks: Without a trademark search, the AI proposal may already be protected by trademark law – and a warning letter may be issued if it is used.
These risks should not be underestimated, especially for start-ups that are rebuilding their brand presence or companies that are modernizing it.
Brand protection remains a strategic tool – even in the age of AI
AI can accelerate creative processes – but it is no substitute for a trademark strategy. If you want to protect your brand in the long term, you should:
- Do a research whether there are similar or identical trademarks (e.g. at the DPMA or EUIPO or via professional service providers).
- Have it checked whether the sign or logo is distinctive.
- Register intellectual property rights, ideally with expert support.
Because even in the digital age, brand protection is a central component of economic identity – regardless of who (or what) came up with the underlying idea.