Workflow for Identifying Feasibility of Registering Brands using Artificial Intelligence
Keywords: Industrial property. Trademark. Artificial Intelligence; Workflow
A trademark is any distinctive, visually perceptible sign that identifies and distinguishes products and services. In Brazil, obtaining exclusivity over a trademark requires registration with the National Institute of Industrial Property (INPI), through an administrative process that encompasses several phases. The initial stage is to carry out a prior art search to check the availability of the distinctive sign in question. However, conducting this search is a complex task, as it requires analyzing the trademark sign’s lawfulness, distinctiveness, and veracity, as well as an assessment of market affinity, and it is necessary to pay attention to the possibilities of combining 45 classes, which serve to distinguish services and products. Artificial intelligence tools can be used to automate the analysis of processes available in the INPI database, covering filed, registered, and inactive trademarks, making it possible to identify similarities and conflicts with registered trademarks, indicating the viability or otherwise of a trademark registration, as well as estimating success based on previous decisions. This study aims to develop a workflow to identify the feasibility of registering trademarks with the INPI using artificial intelligence. To this end, the proposed methodology initially involves mapping the trademark search process, identifying the singularities between the classes of products and services (01 to 45) included in the International Nice Classification. By proposing tools supported by artificial intelligence, it is possible to automate the evaluation of trademark processes, enabling the identification of potential conflicts between the trademark under analysis and those already registered. In this scenario, artificial intelligence can not only speed up operations. However, it can also increase the accuracy and quality of searches, positively impacting the development of everyone involved in the business. The research is limited to textual searches on the INPI online database.