Draft AI guidelines for trade mark proceedings fail to clarify verification duties and consequences for AI-generated inaccuracies, raising due process concerns.
Critique Mounts Over TM Registry's Draft AI Guidelines
The Trade Marks Registry has released draft guidelines on the use of artificial intelligence in proceedings, targeting the rise of AI-generated fake citations and fabricated evidence. While the intent is laudable, Kaustub Boidi points out critical gaps: the framework does not define what constitutes permissible AI assistance, nor does it clarify the Registry’s obligation to verify submissions.
More troubling is the proposed sanction regime, which prescribes summary rejection of applications for AI-related inaccuracies—even if unintentional. The draft does not distinguish between deliberate fraud and good-faith errors in AI-assisted translations or searches. It also omits requirements for disclosing AI use, creating opacity in the filing process.
For trademark practitioners, this creates uncertainty. Firms using AI tools for docketing or clearance may face disproportionate penalties unless the final guidelines adopt a risk-based approach. The Registry must balance integrity with innovation, ensuring that AI is regulated, not discouraged.
