In June, the TM5 Partners gathered to discuss the current state of play regarding the expanded use of AI in trademark services, mainly to support applicants and examiners with search, classification, drafting, and efficiency improvements.
During the exchange, the USPTO highlighted a number of AI tools, including SCOUT LLM, a generative AI tool that utilizes several large language models, and CLASS Act, which uses AI to assign design search codes, classify unclassified goods and services, generate pseudo-marks, and offer applicants complete suggestions for mark descriptions and color claims. The USPTO also discussed an AI word and image search tool launched for customers in April and outlined future AI plans, including application form review and scam detection.
The JPO described a gradual rollout of AI tools, beginning with an image search tool in FY2021 progressing to a text search tool in FY2023, and adding a goods and services examination support tool in FY2025. Regarding the goods and services tool, the JPO tested functions to support the examination of goods and services in international trademark applications, including provision of amendment suggestions and input checks, while maintaining examiner review.
The MOIP discussed its use of AI mainly for assistive tasks, such as figurative search, Vienna classification, goods and services classification, and phonetic search, with human review retained for substantive decisions.
The CNIPA presented AI-supported tools for graphic trademark retrieval, document structuring, translation, similarity assessment, and the detection of deceptive marks. It reported gains in both efficiency and examination quality.
The EUIPO said AI is already used across pre-assessment, ex parte and inter partes examination, and opposition proceedings. Existing tools include Early TM screening, TM Interpreter, descriptiveness analysis, comparison of goods and services, comparison of signs, and a conversational knowledge base. Further services are in development.
During the discussion, most offices indicated that AI tools are currently used mainly internally by examiners. Exceptions include CNIPA, which offers pre-filing image search for users, and the USPTO, which has deployed a number of tools for customers and for internal processes.
Overall, the presentations showed a clear trend towards broader AI adoption in trademark administration, while maintaining a human-centric approach by keeping legal judgement in human hands. The Partners will reconvene in November to continue discussing the use of AI.
