Artificial intelligence is transforming trademark practice by making it easier than ever to generate convincing but potentially fraudulent trademark specimens. As AI-generated images become increasingly indistinguishable from authentic evidence of use in commerce, trademark practitioners face new ethical obligations, evidentiary challenges, and risks during prosecution.
This program examines the evolving intersection of AI and trademark law, including the rise of specimen fraud, significant TTAB and Federal Circuit decisions shaping modern fraud standards, recent USPTO guidance regarding AI-generated evidence, and the practical challenges confronting trademark examining attorneys. The course also explores emerging authentication technologies, policy proposals, and best practices practitioners can implement to protect clients while preserving the integrity of the trademark register.
Attorneys will learn to:
Explain how artificial intelligence has changed the creation, submission, and evaluation of trademark specimens used to establish use in commerce.
Analyze key trademark fraud decisions, including In re Bose and subsequent TTAB cases, to understand the evidentiary standards governing fraudulent trademark filings.
Identify the ethical responsibilities of trademark practitioners when evaluating client-provided specimens and applying current USPTO guidance regarding AI-generated content.
Evaluate the limitations of traditional fraud detection methods and emerging authentication technologies designed to preserve the integrity of the trademark register.
Apply practical risk-management strategies to recognize potentially fraudulent specimens and counsel clients regarding acceptable and impermissible uses of artificial intelligence during trademark prosecution.
A registered patent attorney, Kirby Drake focuses her efforts on helping clients successfully navigate and troubleshoot their IP challenges.