With the rise of "Generative AI" services like Chat GPT and Midjoureny, an increasing number of companies are turning to AI-powered logo generators to create their logos and trademarks. These services offer the convenience of obtaining a logo at a reasonable fee, ready for commercial use. However, it's essential to be aware of potential risks and ensure that your logo creation process is legally sound.
Copyright Law:
When it comes to copyright infringement in Japan, using a logo purchased from an AI logomaker seems relatively safe. Users of AI logomakers typically don't have the intention to copy others' work consciously. Since the logos are generated by the AI system based on various inputs and data, it is less likely that they would intentionally plagiarize existing copyrighted logos.
Trademark Law:
On the other hand, using such logomarks may pose risks related to trademark infringement. Even if the AI-generated logo does not violate copyright, there is a possibility that it could unintentionally resemble an existing third party's trademark. Trademark infringement can occur even by chance, without the user being aware of the similarity to a third party's trademark. This could lead to significant problems if your logo becomes well-known and you are later prohibited from using it or face allegations of damages.
To safeguard against potential trademark issues, it is crucial to conduct a thorough trademark clearance search before finalizing and using the logo. This search will help identify any potential conflicts with existing trademarks and allow you to make informed decisions about your logo's design.
In conclusion, while using generative AI for logo creation offers many advantages, it's essential to exercise caution and take appropriate legal measures. Ensure that your logo doesn't infringe on others' trademarks, and conduct due diligence to minimize the risk of future disputes. By being proactive and informed, you can create a distinctive and legally secure logo for your business.
It is recommended that you consult with professional IP lawyers to avoid the aforementioned issue.
If you require assistance, please feel free to contact us at contactagree@castglobal-law.com, and we would be delighted to support you.