AI and Trade Mark Practice

The use of artificial intelligence (AI) appears to offer attractive efficiency benefits for those who engage in trade mark work on behalf of others, such as trade mark searching, preparing and prosecuting trade mark applications and advising in relation to trade mark disputes.  This chapter analyses how such use may implicate the professional obligations of lawyers and trade mark attorneys, including obligations of competency, responsibility, confidentiality and obligations to the courts and the administration of justice. I suggest that navigating adherence to such obligations is achievable, and risks can be mitigated. However, there would be merit in ensuring those entering relevant professions, and those already within the professions, receive appropriate education on the limitations and risks in the use of AI.  More radially, I argue that the increased integration of AI into trade mark practice may illuminate concerns about unregulated persons who carry out trade mark work on behalf of others. There are limited levers to regulate, educate and discipline such persons if they make inappropriate or problematic use of AI while conducting trade mark searches, undertaking legal research and providing advice on trade mark adoption, registrability, use or enforcement. I suggest, therefore, that growing use of AI in trade mark practice may prompt regulators to consider who should be able to carry out trade mark work on behalf of others.