Protection refused for virtual portraits

Ip world
EUIPO – January 19, 2024
Publié le 15 April 2024

For once, this decision does not relate to the possible copyright of an artificial intelligence on creations, but the refusal to protect them as trademarks at the European Union level.

The Cypriot company NOVI filed a trademark application for two portraits of young women created by artificial intelligence, in connection with services in class 41, in particular entertainment services.

The EUIPO refused to register the marks, pointing out that the public would probably perceive the signs as just another virtual character, like many others, with no specific characteristics that would make them particularly distinctive.

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