ABSTRACT
This short note briefly examines how artificial intelligence (AI) is influencing the field of trademark law. It highlights the declining significance of traditional trademarks in online markets due to AI-driven product recommendations and widespread reliance on online reviews. The discussion addresses the challenge AI presents to established legal notions – such as the ‘average consumer’ – and explores how AI now assists trademark offices and applicants by automating processes like similarity assessments and real-time database monitoring. While AI improves efficiency and accessibility, this note cautions that human judgment remains essential in complex or subjective trademark evaluations, particularly given ongoing issues like technical opacity, data privacy, and regulatory scrutiny. Ultimately, the article finds that while AI is reshaping the landscape, trademarks continue to hold relevance in the evolving digital environment.
Bonadio, Enrico and Rohatgi, Akshita, Trademarks and Artificial Intelligence: Some Preliminary Considerations (July 21, 2025).
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