Trademarks with the “AI” element – whyever not?
It comes as no surprise that trademark names registered with various patent offices reflect current market trends and tendencies, both locally and globally.
For instance, during the pandemic period, there was a rush to register and market names with the word element “covid” or similar, not only in the medical industry but also in related fields. Now we are witnessing a significant number of trademark applications and registrations for designations that relate to the broader phenomenon of artificial intelligence. Trademarks are being filed not only for goods and services directly related to programming, but also for industries that at first glance seem to have little to do with artificial intelligence.
Here are some more creative examples of names from the broader IT sector, taken from the European Union Intellectual Property Office (EUIPO) database:
– 
IR-1754247, for the benefit of the German company of the same name, a trademark registered, inter alia, for artificial intelligence software, advertising and marketing services;
– LOBOTOMIZER.AI IR-1769137 for the benefit of MULTIVERSE COMPUTING, S.L., Spain, a trademark for the software to develop quantum programs and quantum algorithms;
– Perplexity AI EUTMA-018985541, a trademark applied for by Perplexity AI, Inc. USA, the company that developed the chatbot web search engine www.perplexity.ai based on Artificial Intelligence software.
Interestingly, industries other than AI, such as agriculture, clothing, food and supplements, or even law and finance industries, are also filing and registering AI-related trademarks:
– 
EUTM-018978965 for the benefit of Dekagro Ltd, Greece, a trademark registered for fertilisers, agricultural, horticultural and forestry products and live animals;
– AI-down EUTM-018900315 for the benefit of Verband der Deutschen Daunen- und Federnindustrie, Germany, a trademark registered for pillows, feathers, down and clothing;
– A.I. FORMULA EUTM-018664960 for the benefit of Société des Produits Nestlé S.A., a trademark registered for food supplements and dietary foods;
– AI:ssociate EUTMA-018998506 for the benefit of AIssociate FlexCo, Austria, a trademark registered for artificial intelligence-based software and legal research and investigation services;
– eureK[AI] EUTM-018688006 for the benefit of eureKARE, Luxembourg, a trademark registered for financial and stock exchange consultancy services.
Are entrepreneurs then free to register trademarks with the “AI” element? The issue is quite complex. In general, for a designation to function as a trademark, a number of conditions must be met, including that the proposed trademark must not mislead consumers, be contrary to public policy or morality, or be descriptive. Otherwise, it will not be protected, as illustrated by the following example relating to an application by Samsung Electronics Co., Ltd.
The company applied for the registration of the AI Phone trademark EUTMA-018955494, however, the application was rejected by the European Union Intellectual Property Office. The Office based its decision on the fact that the trademark was descriptive, meaning that consumers picking up a phone bearing such a mark would think it was simply a phone with artificial intelligence software. Such trademarks are not subject to protection.
In order to maximise the chances of obtaining a trademark registration and not lose the money invested (the trademark application fee is not refundable should the registration be refused), it is no less important, in addition to complying with the requirements of relevant legislation, to check whether or not competitors have already registered an identical or a very similar trademark. It is best to outsource such search to a professional law firm specialising in intellectual property rights, which has the necessary resources to carry it out, including modern analytical tools to perform this type of search as well as human resources, i.e. qualified lawyers and specialists with the know-how to interpret the search results.
