Human Progress Of Artificial Intelligence And Its Impact On Intellectual Property Rights Especially On The Trademark Examination In India

Yashasavi Singh, Contract Hearing Officer, Trademark Registry, CGPDTM

Pawan Kumar Saini, Examiner of Trademarks and Geographical Indications, Trademarks Registry, Mumbai, CGPDTM 

ABSTRACT

Humans are being replaced by Artificial Intelligence (AI) to perform automatic complex cognitive tasks. The impact of AI is very significant to various industries, especially to Intellectual property (IP) and particularly to the Trademark. AI is trying to build humans beyond its physical structure through science and technology where it can outperform human capabilities. AI is not only enhancing IPR but is also expected to challenge the basic tenets of the trademark law. As AI reduces the human involvement in the product suggestion and its purchasing process then the validity of the traditional trademark law is questioned. The trademark is treated as a tool for source identification. The trademarks changed their character and are also used as an effective tool for corporate and social communication. The relationship between AI and trademark law is a sophisticated ballet of innovation, technology, and legality. The principles and doctrines of trademark laws are challenged by AI’s increasing creative ability.

Questions are raised regarding the basic tenants of the trademark law including the likelihood of confusion, initial interest confusion, post- purchase confusion, average consumer, and imperfect recollection where AI perfectly recollects the sources. The focus would be on how AI would be relevant for trademarks in India, the principle of trademark, how AI is helpful for the examination procedure of trademark applications, and the major challenges before AI implication in the trademark area. Exceptions, emotions, claims, and other aspects where AI is hitting hard at the trademark law. The findings of this paper say that AI will enhance the accuracy of trademark examination procedures. This paper concludes that AI will make a huge impact on the trademark and its examination procedure adopted by CGPDTM. Therefore, it appears that trademark law needs to be reformed or evolve according to technological changes. And it needs to make a flexible legal framework to balance trademark and AI.

Keywords: Artificial Intelligence, Trademark, examination procedure, principles, accuracy.