AI-generated content and trademark law

Artificial intelligence (AI) is also playing an increasingly important role in marketing. Logos, slogans, and even advertising copy can be created by AI. What this development means for trademark law will be explained below on the basis of individual questions.

Trademark protection for AI-generated content?

When naming a company or product, people always try to find creative and memorable names. This allows their own goods or services to be distinguished from those of other companies.

In order to have your own name legally protected, it is advisable to register it as a trademark. This gives you the exclusive right to use the protected sign in relation to the specified goods and services. This allows you to defend yourself against unauthorized use or imitation of the sign by third parties.

Signs, slogans, or logos created by AI can also be protected by trademark law. There are no restrictions on AI-generated signs in trademark law.

Unlike copyright protection, the origin of a logo is not relevant for the registration of a sign as a trademark. AI-generated content is not protected by copyright in Germany, but it can be registered as a trademark.

Can AI-generated content be used commercially?

Regardless of the lack of copyright protection for AI-generated content, the question of the use of AI tools must be considered. Whether an AI tool and thus also the AI-generated content, for example a logo, may be used commercially depends on the respective terms of use of the AI tool used to create the content.

As a rule, a paid account must first be created before the generated content may be used privately or commercially. You should therefore first check the respective terms of use in this regard.

Who is liable for AI-generated content?

However, the use of AI-generated logos is at your own risk. This means that users are liable if the logo infringes the trademark rights or copyrights of third parties.

Since generated content is created from pre-existing content or a known repertoire of forms, it can quickly happen that trademarked symbols are copied identically or similarly in the content generated by AI. Even if this is neither desired nor known, you are liable for any possible infringement.

Before using or registering AI-generated content as a trademark, it is therefore strongly recommended that you conduct a trademark search or check whether the sign infringes the copyrights of third parties.

Conclusion

AI offers many new opportunities, including in marketing. However, the user bears full responsibility for the use of AI-generated content. Before using such content, it should be checked whether it infringes the rights of third parties. Since AI-generated content is not protected by copyright, it can generally be freely used or copied by anyone. However, protection of logos or claims, for example, can be obtained by registering them as trademarks.