The Canadian Intellectual Property Office (CIPO) has published a new practice describing how artificial intelligence (AI) can be used in proceedings before the Trademark Opposition Board (TMOB). Specifically, the practice introduces specific requirements for parties submitting AI-generated content.
Under the new rules, parties participating in proceedings under sections 11.13, 38, or 45 of the Trademarks Act must declare whether AI has been used to create or generate content in any document submitted. The declaration must appear in the first paragraph and include a clarification that the AI-generated content has been reviewed and verified by the party or its representative. However, the requirement only applies when AI is used to produce original content
Failure to comply with the obligation to submit an appropriate declaration or the submission of a false declaration may result in financial sanctions.
This measure reflects a broad trend among intellectual property offices around the world, which are beginning to regulate AI-assisted communications. In line with this trend, offices such as the USPTO and the EUIPO have issued general warnings about AI content in various procedures.
