July 2, 2024 Copyright ©️ 2024 by JinRui International Patent & Trademark Joint Office

 

 

Have you started feeling uneasy when your e-newsletters or Facebook posts are filled with AI-generated images?

That discomfort might be caused by the uncanny valley effect.

 

According to the Cambridge Dictionary, the uncanny valley refers to the unsettling feeling people get when something is “almost but not quite human”—like a lifelike robot.

So, is it scary for creators and designers to work with AI tools?

Let’s clear the fear by understanding two key points about your rights when it comes to AI-generated content:

 

Can you own the copyright or apply for trademark protection for AI-generated images?

 1. Copyright is automatic (based on creative expression), but trademark and patent rights must be actively applied for through the Intellectual Property Office.

Depending on how the image is created, there are three main scenarios:

(1) AI-assisted creation with human input or adjustment — You can still claim copyright.

(2) Fully autonomous AI creation (strong AI) — Copyright is harder to claim due to lack of human contribution.

(3) Using AI-generated images for commercial branding (like logos) — You must register a trademark to secure protection.

 

And don’t worry — just because an image is AI-generated doesn’t mean it can’t be trademarked.

The Intellectual Property Office does not review which platform or tool you used to create your design.

 

Trademark registration depends on two main criteria:

 

(1) Whether the design is distinctive, and

(2) Whether a similar or identical image has already been registered.

 

So, if you’re using an AI platform to generate a logo for marketing or brand identity—make sure to file for a trademark first!

Protect your creative assets before you launch.