ARTIFICIAL INTELLIGENCE AND TRADEMARK LAW IN INDIA: A DOCTRINAL ANALYSIS OF EMERGING LEGAL CHALLENGES
Adv. Sanjana Prajapati, 3rd Semester L.L.M Student at Mumbai University, Mumbai (India)
Artificial intelligence (AI) has significantly altered the landscape of commercial branding by influencing how trademarks are conceptualized, marketed, and safeguarded in digital environments. Organizations now make extensive use of AI based technologies for developing brand identities, designing visual marks, implementing data-driven advertising strategies, and enhancing consumer interaction. Although these technologies improve operational speed and market reach, they simultaneously challenge long-standing trademark doctrines that were developed around human authorship and traditional marketplace dynamics. In India, trademark rights are protected under the Trade Marks Act, 1999, which offers legal remedies against infringement and misuse of registered marks. However, the legislation does not explicitly regulate issues arising from AI-created branding, automated imitation of trademarks, or algorithm-based exploitation across online platforms. Comparable gaps are evident in legal systems such as those of the United States, the European Union, and the United Kingdom, where determining accountability for AI-related trademark violations and enforcing rights across borders remains complex. The expansion of e-commerce platforms, digital advertising practices, and online counterfeiting has further intensified these concerns. AI therefore occupies a complex position, functioning both as a potential source of trademark violations and as a technological aid for detection and enforcement. In this context, this paper underscores the necessity for progressive legal reforms that accommodate technological advancements while safeguarding trademark rights, preserving consumer confidence, and promoting fair competition in the digital economy.
| 📄 Type | 🔍 Information |
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| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 3, Page 30–46. |
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