The effects of using artificial intelligence on brand identity and the challenges it faces

Abstract

Abstract The use of artificial intelligence (AI) in the field of trademarks has proven to represent a radical transformation in how trademarks are created, managed, and marketed. However, the increasing reliance on AI in this context has raised a number of fundamental legal and ethical challenges. Chief among these are the absence of clear legislative frameworks governing the ownership of AI-generated trademarks, the ambiguity surrounding legal liability in cases of infringement, and the heightened risks of automated imitation and unintended similarities between trademarks. Moreover, existing trademark laws—originally designed for a traditional world based on human creativity—fail to keep pace with the legal complexities introduced by AI tools. This legal gap may be exploited in ways that undermine the rights of trademark owners.