If you’re a business owner or creative looking for a sleek, professional logo on a budget, using an AI tool might seem like a dream. But when it comes to trademarking that logo generated by AI—aka legally protecting it as your brand asset—things get more complicated.
Let’s break down what you can and can’t do with an AI-generated logo, especially if you’re hoping to secure a trademark with the U.S. Patent and Trademark Office (USPTO).
Can You Trademark That Logo?
Short answer: Maybe—but you need to be careful.
Here’s why:
1. Trademark Law Requires Originality
To qualify for trademark protection, your logo must be:
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Distinctive (not generic or purely descriptive),
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Not confusingly similar to other registered trademarks, and
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Created by a human author (at least in part).
AI-generated works raise a legal question: Who created it?
As of now, the USPTO—and courts—have taken the position that purely AI-generated works without human authorship are not protectable under copyright law. While trademarks and copyrights are different types of protection, the issue of authorship still matters. If you didn’t create the logo yourself and no one else did either (just the AI), it’s murky.
⚠️ If your logo is entirely generated by AI with no meaningful human input, it may not meet the originality threshold required for registration.
Worth noting: Although the USPTO and the U.S. Copyright Office have formed a joint committee to address questions surrounding AI-generated content and IP rights, the findings of this committee have not yet been released. This is an evolving area of law, and one we are actively monitoring. We’ll provide updates as soon as guidance becomes available.
2. You Might Not Own the Rights
Let’s say an AI tool creates your logo. Even though most AI platforms generally allow commercial use of outputs, ownership isn’t guaranteed in the way it would be if you hired a designer or created the work yourself. Hiring a graphic designer who transfers the copyright ownership over to you or creating the logo yourself is THE best way to know that you own the rights to your logo.
If the tool’s terms change—or if someone else used a similar prompt and got a nearly identical image—you could face a dispute down the road.
3. What the USPTO Might Say
The USPTO reviews trademarks for distinctiveness, clarity, and ownership. A few red flags they may raise with an AI-generated logo:
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Is it similar to something already registered? When you use AI you may risk having AI spit out something similar to something someone else has or they have created already for another user.
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Is it generic or purely ornamental?
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Is there proof that you have the legal right to use and control the logo?
If it looks like the logo came “out of a box,” with no creative direction or customization on your part, your application could be weaker.
Tips If You Still Want to Use an AI-Generated Logo
Here’s how to reduce your risk and improve your chances of successful trademark registration:
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Customize your logo: Use AI as a first draft tool. Then, edit the image yourself or work with a designer to add original elements.
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Check for conflicts: Do a clearance search to make sure the logo (or anything similar) isn’t already registered.
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Book a Consult with us: We can help you assess whether your logo meets USPTO requirements and help with filing and protection.
Final Thoughts
AI tools are fantastic for brainstorming and building out brand ideas—but trademark protection requires more than just a good-looking image. If you’re serious about securing your rights, make sure your logo is not just smart—it’s legally sound.
Need help evaluating or registering your logo? Griffith Suazo Law supports small businesses and creatives with clear, reliable trademark guidance.
