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Aipedia: Patent and trade mark attorneys
AI clearance tools can screen large registers quickly and score similarity, but a low score is not a clearance opinion. If a missed earlier mark forces a rebrand, the client's losses can be substantial.
Part of: AI in patent and trade mark attorneys
In short
Trade mark attorneys use AI to search registers, score visual, phonetic and conceptual similarity and flag risky marks before filing. The risks are missed earlier marks, overreliance on numerical scores, poor coverage of unregistered rights and figurative marks, and advice that does not explain residual risk. CITMA's 2025 report says AI is automating searching and output must always get human review. IPReg's AI guidance relies on existing duties. If a client must rebrand after a clean clearance, PI usually responds to its negligence claim, subject to the policy terms.
Clearance searching checks whether a proposed mark is free to use and register. AI tools search registers across classes and territories, score similarity between marks and goods or services, and rank conflicts. Some also search company names, domain names and online use. CITMA's report on AI's impact on IP practice (July 2025) describes AI automating routine tasks such as searching, and says output must always get human review.
A similarity score is a model's estimate. Likelihood of confusion is a legal assessment of the overall impression, the goods or services, the relevant public and the distinctiveness of the earlier mark.
Explaining risk is where clearance advice can be tested. Clients may want a yes or no, and AI dashboards encourage traffic-light answers. A useful opinion explains which earlier marks were considered closest, why they are or are not likely to cause problems, what an objection or opposition might look like and what it could cost the client in time and money. It should also say what would change the view, such as expansion into new goods or territories. Clients who understand the residual risk make better decisions, and are less likely to claim that they were never warned.
Illustrative scenario: a firm clears a brand for a consumer product using an AI tool and advises low risk. The client launches with packaging, signage and advertising. An earlier rights holder with a similar-sounding mark objects and threatens proceedings. The client rebrands and claims the rebranding costs, wasted marketing and lost sales from the firm.
A negligent clearance claim would usually fall within IPReg-compliant PI, subject to the policy terms. Rebranding claims can turn on what a competent search and advice would have found and said, and on whether the client would have chosen a different mark. Records of the search scope and the risk explanation are central to the defence. See PI for trade mark attorneys and, for newer practitioners, PI for new trade mark attorneys. Notify a circumstance if a client reports an objection to a mark you cleared.
Apex arranges PI for trade mark attorneys, and a broker can review how your policy treats AI-assisted clearance. See the attorneys hub, AI trade mark watching and AI freedom-to-operate opinions.
No. A score is a model's estimate. Likelihood of confusion is a legal assessment of the marks, the goods or services and the relevant public. The attorney's opinion should explain the risk in plain terms and say what was and was not searched.
It should state the registers, territories and classes searched, whether unregistered rights were covered, any score thresholds used and the residual risk. Mentioning that AI tools were used, and how results were reviewed, helps the client understand the limits.
Yes, with supervision. IPReg's guidance points to existing supervision duties, and CITMA has published a paralegal guide. A qualified attorney should review the results and give the advice, especially on whether close marks present a real risk.
If the client claims the clearance advice was negligent, PI usually responds, subject to the policy terms. The claim may include rebranding, wasted marketing and lost sales. Good records of the search and the advice given are central to the defence.
Tell us about your firm and the work you do. A broker will review how your current PI treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.
Start a PI quote Request a callbackApex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.
