Trademark Law in the Age of Artificial Intelligence: AI-Generated Trademarks and the Question of Ownership

The increasing use of artificial intelligence (AI) in commercial branding has transformed the process of trademark creation, enabling the generation of logos, brand names, and other visual identifiers. While Indian trademark law, governed by the Trade Marks Act, 1999, does not prohibit the registration of AI-generated trademarks, it remains silent on the issue of ownership when AI plays a significant creative role, raising important legal questions regarding registrability, ownership, and accountability. This paper conducts a doctrinal and comparative analysis of AI-generated trademarks under Indian law, examining their registrability and associated legal challenges. It argues that AI-generated trademarks may be registered if they satisfy statutory requirements such as distinctiveness and non-confusion; however, ownership must vest in natural or juristic persons since AI lacks legal personality. Drawing on comparative jurisprudence from the United Kingdom and the United States, the paper highlights the prevailing preference for human-centric ownership models in trademark law. The study concludes by identifying policy gaps within the Indian framework and recommends incremental statutory and administrative reforms to ensure legal certainty while accommodating technological innovation in an increasingly AI-driven commercial environment.