Artificial intelligence and trademarks: the dichotomy of trademark and copyright law

The purpose of the research. The article reveals the legal problems of using AI in creating trademarks. The next chapter of the technological revolution is unfolding before our eyes, with AI already testing its mettle in a field traditionally considered a purely human one – creativity. The questions to be answered are “What happens when an algorithm ‘gives birth’ to a trademark?” and “Who is its creator?”. The answer is to delve deeper into the tangle of legal and ethical dilemmas that arise between digital intelligence and intellectual property. The article examines the challenges associated with the creation, and state registration of AI-generated means of individualization. Results. When creating a trademark without using GenAI, the author has property and non-property rights. In the case of AI, registration of a trademark is possible, but the copyright protection does not arise due to the violation of the creativity criterion: only property rights appear, which leads to a decrease in the possibilities of protecting the rights of the creator. The use of protected data to train AI, coupled with the potential for AI-generated output to infringe on existing works, creates risks for third-party rights.