Can You Trademark an AI-Generated Brand Name?

It seems like AI-generated texts, images, and even entire ad campaigns are something you can't escape from. Not even during Holidays (yes, looking at you, Coca-Cola). From small startups to global brands, businesses rely on AI to speed up workflows and simplify creative tasks. Branding is no different, as founders no longer rely solely on brainstorming sessions or creative agencies to develop their brands. Nowadays, LLMs can spit out dozens of potential brand names in seconds.

But the question shouldn't be 'can you generate it?' but rather 'can you use it and commercially protect it?' Or, in other words:

Trademark offices treat AI-generated names the same as any other name. If the brand meets the usual trademarking criteria, i.e., it is not descriptive, and it is distinctive enough so as not to be confusingly similar to prior marks, then yes, it can be registered.

But the real challenge is not the fact that some brands aren't human-invented, but rather that AI tends to run into repeating patterns when coming up with names, which leaves founders in awkward positions if they treat its output as the finished product.

In particular, AI tends to generate names that appear perfectly logical at first glance. For example, something like “SwiftPay” for a payment platform feels intuitive and even clever. However, trademark law doesn’t reward clarity, but distinctiveness. Your brand name should signal the source of your goods, rather than describing or explaining your service. In other words, descriptive names rarely make strong trademarks.

Then there’s the issue of similarity to previously registered marks. The main issue is that AI doesn’t properly check trademark registers before providing suggestions. Even if you specifically tell it to do so. It doesn’t know that “Nexxus” is very similar to "Nexus", or that “TaskMate” is close to “TaskRabbit.” So, while many AI-generated names are harmless coincidences, a large number are close enough to create legal conflicts. And when it comes to trademarks, even small similarities can be problematic if they’re likely to confuse consumers.

Founders often ask whether they can "own" a brand name created by an LLM. But unlike copyrights, trademarks aren't about who came up with the name; they're about actual use of the name in commerce. If you start using an AI-generated name on your products, website, and packaging, you're establishing a source of identification (which trademark law cares about most).

Even so, AI should only be used as a starting point. It's a brainstorming tool for generating ideas, not ready-made brand names. Once you've found a name that fits your brand, it should still undergo a proper clearance check to identify any conflicts with existing trademarks. And this step shouldn't be optional either. Otherwise, you could invest in a brand name only to find out that it can't be registered, or worse, that you're already infringing on someone else's rights.

AI-generated names can be trademarked, but there’s no shortcut. ChatGPT won't generate wholly original ideas or names that are instantly distinctive. You'll need to do this yourself before you settle on a name that is fully eligible for registration.

AI is changing creativity, but the fundamentals of trademark law haven’t changed. Names must still function as brands, and only brands can be protected. But, if you do it right, an AI-generated name can become a strong, protectable asset.

Yes. Trademark law doesn’t care who exactly created the name. What matters is whether the name is used in commerce, distinctive, non-descriptive, and not confusingly similar to existing marks. If it meets those criteria, it can be registered.

Not until you use it as a brand. Trademarks arise from commercial use, not authorship. Display the name on products, packaging, or marketing, and you establish the source identification that trademark law recognizes.

No. AI doesn’t check existing trademarks. Even a clever, intuitive AI name can conflict with registered marks. Running a proper clearance search is essential before investing in branding to avoid legal disputes or refusals.