AI-generated output can serve as a trademark, even if it is entirely AI-generated. Unlike copyrights, there is no legal requirement for a trademark to be created by a human. As long as it meets the criteria for a valid trademark (use in commerce as a source-identifier of a product or service; distinctiveness; no likelihood of confusion), an AI-generated logo or other output may be a valid trademark. For this reason, it is not necessary to disclose the use of AI (artificial intelligence) in the creation of a trademark.
There is no requirement for a trademark to be creative. THOMAS B. JAMES is a registered trademark of attorney Thomas B. James of Cokato, Minnesota. You can’t get less creative than that.
While an AI-generated trademark is not per se invalid, it can be risky. It must still satisfy the requirements for a trademark. If an AI-generated trademark is confusingly similar to an existing one, it generally cannot be used as a trademark, at least not for identical, similar, or related goods or services. There may also be liability if the output dilutes a trademark. See, for example, Getty Images Litigation Update.