Previously:
a) A human graphic designer would have been engaged to create a logo;
b) that human graphic designer would have thus automatically owned copyright in that logo upon creation;
c) that human graphic designer may then have assigned the copyright in the logo to their employer under their employment contract or to the third party that engaged them under their contract for services, meaning someone held copyright rights in that logo and could enforce them against a third party at any point on and from creation.
Now:
a) people are using AI to create their logos;
b) as copyright works can only be created by a human person, a logo created by AI is not a copyright work;
c) therefore, that logo is not automatically protected by copyright, and the person who purports to own that logo does not hold any inherent intellectual property rights in that logo;
d) there is no intellectual property right that can be enforced against third parties.This all means that obtaining a trade mark registration for AI generated logos, and thus acquiring enforceable trade mark rights in the logo, in each jurisdiction of interest to the person who purports to own that logo, becomes even more essential than it was in “the old days” when human graphic designers were used.
Of course, there are nuances. If the human input is enough, and/or if the creator can evidence the steps it took to bring about the output, then copyright might subsist in the work (say with A Single Piece of American Cheese). Or, depending on the jurisdiction, copyright might subsist automatically in one (say China or the UK) but not others (say the USA). But this leaves doubt and uncertainty, which is risky, and adds to costs.
People favour mechanisms that are more certain, and more economical. Therefore, the doubt and uncertainty surrounding copyright in AI produced works will encourage people to rely more heavily on trade mark registration for their preferred mode of protection and enforcement.
As people rely on trade mark rights more and more (and copyright less), engaging a qualified trade marks attorney to advise on trade mark protection and enforcement, is crucial.
Contact Tarr Law via hayley@tarrlaw.com.au to arrange an initial trade mark advisory session.