TRADEMARKS AND A.I.

The magnificent time we’re witnessing is appalling; one moment here and almost instantly, already elsewhere.

As a “disclaimer” we would like to say that the technology is here to help, and inserting new technologies in our life is scary and how it can affect our daily lives, with or without our interference is scarier.

But appalling or scary is not bad at all – it shows that we are learning to charter the waters of this ocean of technology, called AI.

IS YOUR TRADEMARK A CONTRACT WITH YOUR CLIENT?

I’d (possible, we’d?) answer this question with a solid YES.

First and foremost we (and by “we” I mean EVERYBODY) understand that when you look, search, procure something in a product – the trademark will assume a contract of responsibility: yes, we will deliver the kind of bread you like most in your morning breakfast, or my towels are softer and last longer (also implicit here that price is not what you look when you search for bread or good towels), but I digress.

Today AI engines can create a trademark for you and work in your specific niche; AI engines will tell you where you should invest and what colour your logo should be based on your product; AI engines will bring to life and automatize the communication between you and your client, and that’s incredible great – we have gigantic intelligent tools that will help to deliver what to the client what he needs, better and faster. No brainer here.

A.I. is not a trustworthy tool YET to rely on. We need to be protected legally, and all the information that is not protected might be used by others.

Considering that in Brazil and most countries of Latin America it is a FIRST-TO-FILE basis, what we create can be copied in the very same day in other countries, creating many impediments to the rightful owner to develop their business in Brazil.

For example, let’s say Company A, based in the United States, has been using the trademark “EXAMPLE” for its products since 2020, but it has not registered the trademark in Brazil. In 2022, Company B, based in Brazil, files a trademark application for “EXAMPLE” for the same type of products. In this case, Company B would have the priority right for the trademark in Brazil, because it was the first to file the application, even though Company A used the trademark first.

This situation can obstruct the original owner and creator (Company A) from commercializing its products in Brazil under the “EXAMPLE” trademark, because Company B now has the legal right to use the trademark in Brazil. Company A could potentially challenge the trademark registration, but this would likely involve a legal dispute, which can be time-consuming and expensive.

Therefore, the information is available for everyone – we can easily be copied, or worse – plagiarized with bad intentions diluting our trademarks, our contract with our clients.

We will see (unfortunately) many bypasses, copies, with incredible quality, amazing images, and many of them will simply and shamelessly looking to vampirize your honest and hard work – either to have your share of the market or to harm your product.

Trademarks are obtained only by government permission,

in all countries, and thus the importance in protecting it from others is mandatory, even more today – you cannot be sure that the trademark is yours only upon the certification in your hands. The protection is today more necessary than ever because (I’m sure) you want to keep your promise to deliver the value to your client every time he trusts in you and buys your product or your service.