Trademark Law In The Age Of AI: Challenges And Opportunities In India
- IJLLR Journal
- Apr 14
- 1 min read
Harsh Kumar, Research Scholar, LL.M, ICFAI Law School, The ICFAI University Dehradun.
Dr. Susanta Kumar Shadangi, Associate Professor, ICFAI Law School, The ICFAI University Dehradun.
ABSTRACT
The convergence of Artificial Intelligence (AI) with trademark law offers transformative prospects and urgent challenges for India's intellectual property regime. As AI technologies increasingly support brand development, trademark searches, detection of infringement, and enforcement, they are redefining the ways in which trademarks are being managed and protected in a digital-first economy. Yet, this transformation also generates significant concerns of consumer confusion, legal liability, bias in algorithms, privacy, and the scope of conventional legal tools. This article analyzes the diverse implications of AI for Indian trademark law through a discussion of its function in creating and registering trademarks, the complexities it introduces into distinctiveness and deceptive analyses, and its effect on enforcement systems and resolution processes. It also points to the legal and ethical concerns of deploying AI, such as transparency, due process, and surveillance threats. Based on comparative insights and global trends, the article presents policy suggestions adapted to India's heterogeneity of languages, cultures, and economies. In conclusion, it advocates a human-oriented, rights-based framework that strikes a balance between innovation and inclusivity and legal certainty, one that makes AI an empowering instrument—rather than a disruptor—of the future of trademark protection in India.
Keywords: Artificial Intelligence, Trademark Law, India, Intellectual Property, Consumer Confusion, Distinctiveness, Infringement Detection, AI Regulation, Legal Ethics, Algorithmic Bias, Trademark Registration, Trademark Enforcement, Digital Economy, Innovation Policy, Comparative Law
