Why AI Can’t Be Trusted With Your Trade Marks

Artificial intelligence is now widely used in daily and professional life. It can draft emails, create texts, and even prepare legal documents. At first this may look like a fast and cost-effective solution. However, in the area of trade marks the margin for error is very small. An inaccurate application can lead to refusals, office actions, delays, and unnecessary expenses.

Example: Trade Mark Specification

Recently I asked an AI tool to prepare a specification including candles, sleep masks, and bracelets. The result looked professional:

Class 14

Jewellery; bracelets; charm bracelets; bangles; jewellery made of precious and semi-precious metals; fashion jewellery.

Class 21

Candles; scented candles; fragranced candles; candle jars; candle holders; decorative objects made of glass, porcelain or ceramic.

Class 24

Textiles; sleep masks; textile articles for sleep and relaxation; pillowcases; throws.

The structure is neat, but it is completely wrong. Candles are classified in Class 4, not 21. Sleep masks belong in Class 25, not 24. If such a specification were filed as it is, the application would face objections and possible refusal. This would waste both time and money, and in some cases even result in the loss of an early filing date.

As an IP lawyer, I immediately noticed the error. But a business owner without specialist knowledge might not. AI can generate convincing wording, but it cannot ensure legal accuracy.

AI in Trade Mark Disputes

The limitations of AI appear also in contentious matters. We increasingly see infringement letters, responses, or settlement proposals that were drafted with the help of AI. At first glance they may seem acceptable, but closer reading often reveals serious weaknesses:

· superficial arguments without legal depth;

· references to legislation or case law that does not exist (“hallucinations”);

· confusion about dates, registration details, or other simple facts.

Such errors do not only undermine credibility. They can also damage a client’s legal position and create unnecessary costs.

Why Expertise Still Matters

Trade marks are a technical field. Success depends on precision, judgement, and strategy. AI can simulate style, but it cannot replace experience. A specification or letter that “looks right” is not the same as one that is legally correct and enforceable.

Your brand is one of your most valuable assets. Entrusting it to automated drafting tools may appear efficient, but in reality it is a risky shortcut. Professional legal advice remains the most reliable and cost-effective path in the long term.