ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY Can You Register a Trademark Created by AI?

The rise of Artificial Intelligence (AI) has transformed multiple industries, including graphic design and brand creation. Tools such as DALL·E, Midjourney, Canva AI, and others now allow users to generate logos within seconds. But what happens when we want to legally register a trademark developed using artificial intelligence in Nicaragua? Is such a registration valid? Who holds the rights?

Below, we explore the legal implications of registering AI-generated trademarks, from the perspective of Nicaraguan Intellectual Property Law and emerging international trends.

According to Nicaraguan legislation (Law No. 380, Law on Trademarks and Other Distinctive Signs and its amendments), only natural or legal persons may be holders of rights over a trademark. Artificial intelligence lacks legal personality, legal capacity, and will, and therefore cannot be recognized as a subject of rights.

Legally speaking, the true creator is the person who controls the creative process: the one who formulates the prompts, selects from the generated outputs, and makes decisions regarding its commercial use and application. That individual or company is the one entitled to file the application before the Nicaraguan Intellectual Property Office (RPI).

However, it is important to clarify that it is legal to register a logo or trademark generated with AI, as long as it meets the legal requirements, which include:

• Distinctiveness.
• Lawfulness of the sign.
• Non-confusability with previously registered signs.
• No violation of third-party rights.

Since AI systems often rely on algorithms that gather and process data from the web, certain legal risks may arise, such as:

• Potential copyright infringement, if the AI was trained on protected content without authorization.
• Contractual limitations: Many AI platforms impose restrictions on the commercial use of generated content.
• Lack of uniqueness: Since the generative engine is non-exclusive, logos can be replicated by other users using similar prompts.

It’s not enough for the logo to “look original” or to be aesthetically appealing — it is also crucial to ensure that it does not infringe on preexisting rights, and that its use is not limited by licensing terms that could compromise ownership.

One of the main challenges when using AI in trademark creation is repeatability. Because many users may input similar commands and obtain nearly identical outputs, different businesses could unknowingly use logos that are almost the same — potentially leading to legal disputes over ownership.

In Nicaragua, the principle of "first to file, first in right" applies. This means that if someone else registers a similar or identical design before you — even if you created it earlier — that person could gain exclusive rights and block your commercial activity.

Although Nicaraguan law has not yet explicitly addressed AI-generated signs, current administrative practice follows traditional assessment standards that do not require disclosure of AI use in the creation process.

In cases of infringement of third-party rights, liability falls on the person who registers or uses the sign, not on the technology or the State.

As AI continues to evolve, we can expect future legal or administrative reforms to address this phenomenon more precisely.

That said, identifying whether a logo was created using AI can be quite difficult. However, there are technical and visual methods for detecting AI-generated signs, such as: common visual patterns, file metadata, reverse image search, and expert graphic design analysis.

To legally protect your intangible assets and avoid conflict, we recommend:

✅ Enhancing the AI-generated design with greater human creativity
✅ Keeping evidence of the creative process: prompts, versions, screenshots
✅ Reviewing the terms of use of the AI platform
✅ Conducting prior trademark clearance searches in Nicaragua
✅ Seeking legal advice before registering or commercially using the logo

Artificial intelligence is a disruptive and useful tool for brand design, but it does not replace the legal framework that protects intellectual property. In Nicaragua, trademark ownership is reserved for natural or legal persons. The use of AI must be handled with legal awareness, risk management, and compliance with the principles governing distinctive signs.

At CALA Lawyers, we have experience in the registration and protection of trademarks, including those developed using emerging technologies. We can advise you to ensure your brand is registrable, exclusive, and legally protected.