Artificial Intelligence (AI) will revolutionize trademark prosecution and enforcement by 2023, reveals new research

Artificial intelligence (AI) will revolutionize trademark prosecution and enforcement over the next five years, according to new research from Hogan Lovells, the leading global law firm.

Targeting over 200 brand owners from a wide range of industries, Brand Benchmarking 2018 revealed a resounding 93% of businesses feel positive about the new technology.

Time and cost savings are expected to be the biggest benefits of AI, which will also impact on trademark prosecution clearance searches, according to 93% of respondents. For enforcement, AI is expected to facilitate online infringements searches and the preparation of take down notices. Whilst there is some concern about job security, the majority of businesses do not see AI as a threat.

The survey also found that:

  • Six of the top 10 jurisdictions in which brand owners experience the greatest challenges in trademark prosecution are in Asia
  • For both prosecution and enforcement, China is recognized as the most challenging country; however businesses also acknowledge that it is the most improved jurisdiction
  • The greatest increase in trademark spend over the last four years has been in East Asia, with a smaller rise in Central and South American jurisdictions
  • Over 50% expect spend in Asia to further increase by 2023
  • The EU is the most popular region for enforcement spend
  • Companies headquartered in Europe are investing more in their trademark teams, which are at least twice as large as their counterparts in the U.S. and Asia.

Commenting on the findings, Lloyd Parker, Asia Pacific and Middle East Head of Intellectual Property at Hogan Lovells, said: "There is a great opportunity for brand owners to use AI to gain efficiencies, speed up their work and streamline processes, while reducing costs and ensuring resources are used effectively.

"However, there is worrying lack of awareness about AI and businesses risk missing out on its benefits due to insufficient knowledge and investment in the new technology. This is an area where all companies should be paying more attention and seeking out beneficial opportunities.

"Asia remains the geographical area causing the greatest challenges for trademark enforcement and prosecution. While there are weaknesses in some aspects of the legal enforcement systems in this region, it consistently attracts the greatest trademark spend, with predicted increases in the future. It is important that multinational companies increase the enforcement portion of their total trademark spend in Asia to ensure their valuable brands are protected."

This is the fifth consecutive year Hogan Lovells has produced a benchmarking survey. To request a copy of the latest Brand Benchmarking report, please click here.

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