Can You Copyright or Trademark AI-Generated Logos? [2024]

Can you copyright a logo generated by artificial intelligence (AI)? No. Can you trademark an AI-generated logo? Yes.

Let’s find out why.

AI tools can help you create a professional logo quickly and on a small budget, even if your design skills are lacking.

But before you generate an AI logo, it’s worth taking the time to understand how copyright and trademark laws apply to AI-generated images. After all, you want to protect your business’s visual assets and avoid legal issues down the road.

Here’s everything you need to know about copyrighting and trademarking AI-generated logos.

Before we start, what’s the difference between a copyright and a trademark?

What is Copyright?

Copyright is a legal right that grants creators of original works exclusive control over their use and distribution. Copyrights apply to art, literature, drama, and musical works. Think poetry, novels, movies, songs, computer software, architecture, and more.

For example, Pablo Picasso’s oil painting, “The Old Guitarist,” is copyrighted. This means it would be illegal to sell t-shirts online featuring the painting, without first obtaining permission from The Picasso Estate.

What is a Trademark?

“A trademark can be any word, phrase, symbol, design, or combination of these things that identifies your goods or services,” according to the USPTO. “It's how customers recognize you in the marketplace and distinguish you from your competitors.” 

For example, McDonald’s famous ‘M’ logo is a government-registered trademark — as indicated by the ‘®’ symbol.

Starbucks, on the other hand, includes the ‘™’ symbol in its logo to indicate that this logo is used to identify a product or service — but it’s not a government-registered trademark.

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Overall, copyrights protect creative work, whereas trademarks protect brand identities and prevent confusion in the marketplace.

Can Logos Be Copyrighted and Trademarked?

Yes, some logos can be copyrighted if they’re original works created by a person.

However, since logos usually serve as brand identifiers that distinguish goods or services, they’re more commonly protected under trademark law. Sometimes, businesses will choose to also copyright a logo that features a particularly artistic, complex, or intricate design.

Can You Copyright AI Logos?

No, you can’t copyright AI-generated logos — although this may change in the future.

Why? Because only original works created by humans can be copyrighted. And as far as the U.S. Copyright Office is concerned, AI-generated logos — and other AI-generated works — “lack human authorship,” so they can’t be copyrighted.

But humans control and prompt AI, right? Isn’t AI just another creative tool, like a paintbrush or pencil? So, what gives?

Basically, AI combines existing creations to generate new ones — often with incredible results. Many AI-generated images are undoubtedly creative and innovative. 

However, the ‘author,’ in this case, is a computer program — and computer programs aren’t eligible for property rights, at least in the US.

Can You Trademark an AI-generated logo?

Yes, you can trademark AI-generated logos. Why? Because trademarks protect symbols, names, and slogans used to identify goods and services. And unlike copyrights, trademarks don’t need to be authored by humans — they must only be distinct identifiers used in commerce.

So, how can you trademark your AI-generated logo?

How to Trademark an AI-Generated Logo, Step-by-Step

Before you file a trademark application for your AI-generated logo, you must complete these steps:

• Document the creation of your logo: Keep detailed records of the AI design process, including your AI prompts/inputs and any human adjustments.

• Ensure your logo is distinct by conducting a trademark search. If you’re in the US, you can use USPTO’s Trademark Electronic Search System (TESS) or a third-party trademark search tool to ensure your logo won’t be easily confused with existing trademarks. Make sure to check both trademark registrations and pending applications.

• Use your logo commercially: To qualify for a trademark, you must demonstrate that you use your logo to identify your goods or services in commerce.

• File an Application: If you don’t find any trademarked logos similar to yours, apply for a trademark to protect your logo. If you live in the US, you can use USPTO’s online trademark center.

• Wait for the USPTO to review your application: The USPTO will examine your application to ensure it meets legal requirements and that your logo isn't confusingly similar to existing trademarks.

• Wait for publication: If approved, your mark will be published in the USPTO's Official Gazette (an online publication). T, other people have 30 days to oppose your trademark application.

• Wait for your trademark to be registered: If you've met all the legal requirements and no one opposes your application, your trademark will be registered — typically within 6-12 months of filing in the US.

• Monitor your trademarked logo: After registration, monitor your trademark for unauthorized use and potential infringement — which means you’ll have to scroll through public trademark databases, looking for potentially similar trademarks.

• Maintain your trademark registration: To keep your government-registered trademark active, continue using it in commerce and renew it every 10 years with the US Patent and Trademark Office.

3 Tips to Avoid Legal Issues When Using an AI-Generated Logo 

1. Document the design process and any human contributions: Although you can’t copyright AI-generated logos right now, at least in the US, copyright laws may change in the future. Should the law change, you’ll want to be able to prove ownership and how humans contributed to your design.
2. Review AI service agreements: Review terms of service for the AI tools you use to understand ownership rights and usage restrictions. For example, LogoMe provides full commercial rights for every logo you generate, while others may restrict usage or the right to trademark
3. Seek legal advice: Consult with intellectual property attorneys to understand and navigate the complexities of AI-generated works.

Summary

While you can't copyright an AI-generated logo since it lacks human authorship, you can trademark one. 

Trademarks protect distinct identifiers used in commerce, making them ideal for safeguarding your brand's identity. To trademark your AI-generated logo, document the creation process, ensure its uniqueness, and demonstrate its use in commerce. 

For now, you can create a trademarkable AI-generated logo in minutes with LogoMe.