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The meteoric rise of artificial intelligence (AI) is profoundly transforming the world of communications. Generating striking visuals in a matter of seconds, writing slogans tailored to different audiences, personalising advertising messages at scale: never before have campaign creators had access to such a range of tools. But behind this revolution lie major challenges, particularly when it comes to intellectual property. Because while AI makes it easier to create, it also makes it harder to protect.

Slogans, logos, visuals, jingles: all these advertising elements can (and must) be protected. But you still need to be the rightful owner and ensure that they do not reproduce – even unintentionally – existing creations. This is the challenge facing trademarks that incorporate AI into their processes: navigating between innovation and compliance.

1. Own the rights to the content generated or modified by AI

The first precaution to take is to ensure that you own the exploitation rights to the content you generate. Under Luxembourg law, only a human author can benefit from copyright. If an AI generates content (images, text, music, etc.) on its own, it is likely that this content will not be protected by copyright… and that it will therefore be difficult to claim exclusive rights to it.

On the other hand, if the user has made an original and creative contribution (fine-tuning of instructions, retouching, significant aesthetic choices), it is possible that he or she will become the owner of the rights to the result. It is therefore advisable to document the user’s intervention: keep the prompts, intermediate stages and human retouching.

But beware: even if copyright applies, this does not automatically mean that the creation can be transformed into a registered trademark or protected design. Here too, you need to check.

2. Trademarks: a central issue in securing campaigns

Advertising campaigns are often based on strong identity elements: a name, a slogan, a logo, a particular design. As soon as a sign is used to designate a product or service in a distinctive manner, it can (and should) be registered as a trademark.

With AI, many brands are using name generators or linguistic AI to create catchy slogans. But it is imperative to check the availability of these creations before any commercial use. A generated name or slogan could already be protected, intentionally or otherwise, by a competitor. The risk? An action for trademark infringement, which could lead to a ban on use or even damages.

So, before using a creation as a product name, slogan or visual campaign element, you must :

• carry out a prior art search; – the experts at Laidebeur & Partners have access to global databases and powerful, accurate algorithms to quantify this risk;
• check visuals using a reverse image search ;
• check the availability of the associated ;
• register the trademark; here too, a good protection strategy is essential

This registration will enable you to assert your rights against any attempt to copy or imitate. It is an essential weapon for protecting your commercial identity in an increasingly competitive… and automated environment.

3. Protecting visual creations: the role of registered designs

Advertising campaigns also have a strong visual dimension: original packaging, mascots, illustrations, product presentations, packaging elements graphics, etc. Under certain conditions, these visuals can be protected by design law, provided that they are new and have an individual character.

With generative AI, the temptation is great to produce designs quickly and at low cost. But here again, there are a number of pitfalls:

• An AI-generated design can resemble a pre-existing visual, because AI relies on databases containing millions of images;
• A competitor may register a similar design before you do, if you have not taken the initiative to do so quickly;
• AI platforms can have vague clauses on property rights, making it difficult to exploit these visuals commercially without precaution.

This is why it is advisable to register strategic visuals (designs, graphics, promotional items, etc.) as soon as possible. This registration confers an exclusive right of use, useful not only against counterfeiting, but also in the event of disputes with partners or subcontractors. The experts at Laidebeur & Partners can help you define the best strategy and register your trademarks.

4. A proactive IP strategy to support AI creation

Here are a few good practices to adopt when using AI to create advertising campaigns:

• Anticipate filings: as soon as an element (visual, slogan, logo) becomes key to your communication, think about securing it legally;
• Carry out systematic prior art searches: whether for trademarks, registered designs or models, avoid using content that is too close to existing creations;
• Check the conditions of use of AI tools: some tools place restrictions on the commercial use of the creations generated;
• Keep track of your creations: keep the prompts, intermediate versions and justifications for your choices, to prove authorship or originality if necessary;
• Working with experts: the advice of the experts at Laidebeur & Partners is invaluable in avoiding costly mistakes.

 

Conclusion

Artificial intelligence offers advertising professionals unprecedented creative freedom. But with this freedom comes responsibility: securing creative work, avoiding infringement of third-party rights, and protecting one’s own intangible assets.

Registering trademarks and designs is becoming an essential part of your advertising strategy. It is a legal guarantee, a barrier against copying, and a long-term commercial asset.

The future of advertising is being written with AI. But it needs to be protected by a solid intellectual property strategy, built with rigour and foresight.