Workflow for Identifying Feasibility of Registering Brands using Artificial Intelligence
Industrial property; Trademark; Artificial Intelligence; Process automation
Trademark is any distinctive, visually perceptible sign that identifies and distinguishes
products and services. In Brazil, obtaining exclusivity over a trademark requires
registering it with the National Institute of Industrial Property (INPI), through an
administrative process that involves several stages. The initial stage is to carry out a
prior art search to check the availability of the distinctive sign in question. However,
this search is not trivial, since it must be based on an analysis of the requirements of
the trademark sign's lawfulness, distinctiveness and veracity, as well as an
assessment of its marketing 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. The aim of this study is 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 services (35 to 45)
included in the International Nice Classification. This is followed by identifying the
singularities between the 45 classes, as well as determining the most appropriate AI
structure for developing the workflow, including defining the interaction and language.
By proposing tools based on Artificial Intelligence, it is possible to automate the
evaluation of processes, making it possible to identify possible conflicts between the
trademark under analysis and those already registered. In this scenario, artificial
intelligence can not only speed up operations, but 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 website