“Efficiency Enhancers, Not Revenue Disruptors”: Lawyers Analyze USPTO’s AI Trademark Tools

Sterne Kessler director and head of the Trademark & Brand Protection Practice Monica Riva Talley spoke to Managing IP on the artificial intelligence (AI) tools introduced by the United States Patent and Trademark Office (USPTO) to enhance trademark searches and application processes.

Talley said that while certain elements of trademark practice are being taken over by AI, more strategic counseling opportunities are opening up. “We do not view these tools as materially displacing the legal judgment that underpins trademark counseling.”

She added that AI tools enable brand owners to conduct preliminary searches while full clearance involves more, “It requires assessing the likelihood of confusion, marketplace context, enforcement risk tolerance, and strategic legal and business considerations that AI tools are neither designed nor positioned to address.”

Talley noted that the firm views the new AI developments as “efficiency enhancements rather than revenue disruptors” and that this encourages firms to shift from charging for menial work to considering broader strategy and portfolio management.