Can a Trademark Created by AI Be Registered?  

The evolution of artificial intelligence (AI) tools has significantly transformed creative processes in the business environment. More and more companies are turning to these technologies to generate trade names, logos, slogans, and other brand identity elements. In this context, a relevant question arises: Can a trademark created by AI be legally registered?

Guatemala’s Industrial Property Law, in Articles 16, 20, and 21, establishes the characteristics, formalities, and prohibitions for signs that may constitute a trademark. From these regulations, it follows that a trademark must be capable of distinguishing a company’s products or services from those of others, must not be generic or merely descriptive, must not mislead or cause confusion with already registered trademarks, and must be capable of graphical or auditory representation. Under these criteria, a trademark generated with the help of artificial intelligence could meet the formal requirements for registration.

However, the main challenge is not technical but legal and is related to the creative origin and ownership of rights over the creation.

In the field of copyright law, both Guatemalan legislation and international treaties such as the Berne Convention recognize only natural persons as possible authors of a work. Therefore, any content generated exclusively by artificial intelligence could not benefit from copyright protection, as it lacks an identifiable human author. Although distinctive signs do not require such protection to be registrable, the absence of human authorship raises questions about the legitimacy of its use and the originality of its creation—especially in cases of trademark controversy or conflict.

Furthermore, many AI tools operate based on databases trained with preexisting content, increasing the risk that the generated results may resemble or derive from protected works or trademarks. In addition, some platforms reserve rights over generated content or impose restrictions on its commercial use in their terms and conditions, which can affect the legal security of the owner who wishes to register and commercially exploit the trademark.
A practical example that illustrates this issue is the lawsuit of Getty Images against Stability AI. Getty Images, one of the largest image agencies in the world, filed a lawsuit in London against Stability AI for copyright infringement. As is known, AIs use publicly available content on the internet to train their algorithms. In the lawsuit, Getty Images claims that millions of its protected images were used without authorization.

It also argues that Stability AI may have incorporated Getty Images’ trademarks in low-quality, unappealing, or even offensive images, which dilutes the distinctive value of those trademarks and also constitutes a violation of federal and state trademark protection laws. This case highlights how the large volume of AI-generated content can blur the line between inspiration and infringement, weakening the association between a trademark and its legitimate origin.

It is essential that companies analyze how artificial intelligence is being used in their creative processes, as a trademark can hold significant economic value, and lack of care in its creation could represent multimillion-dollar losses for the company.

On the other hand, AI also offers important opportunities for trademark owners, such as monitoring online platforms to detect potential infringements, acting as an early warning system. Some luxury brands, for instance, use AI to authenticate products and combat counterfeiting. In addition, AI can be a powerful tool for brand strengthening, through the analysis of consumer data and preferences, thus contributing to the design of more effective advertising campaigns.

Given the technological evolution and the advancement of AI, it would be illogical to think that companies should not take advantage of these new tools. However, it’s not about using artificial intelligence without control, but about adopting preventive and proactive measures so its use is effective and remains within legal limits, thus avoiding future problems. Currently, strengthening trademark portfolios, implementing trademark monitoring through AI, and establishing clear internal guidelines on the use of these technologies will be essential to protect both the integrity of trademarks and the information, content, and documents of companies in this new digital era.

For these reasons, the use of artificial intelligence in trademark creation must be accompanied by human supervision, legal review, and a clear strategy for documenting the creative process. It is advisable for companies to retain evidence of the development of the distinctive sign, from the inputs provided to the model to the interventions of the human team, and to carefully analyze the terms of use of the tools employed. Although Guatemala does not require proof of prior use to register a trademark, traceability of its origin can be decisive in the face of opposition or potential litigation.

In conclusion, artificial intelligence tools can be a valuable resource in brand design, as long as their use is combined with technical, legal, and commercial criteria. Registering a trademark generated with AI support is possible, but its effective protection will depend on aligning the process with the principles of distinctiveness, legality, and good faith that govern the trademark system.

alegalis.com