The Benelux trademark authorities have likely made history: ruling on a trademark case where the defendant was represented by ChatGPT. Trademark holders can represent themselves before the authorities, and the rules do not explicitly state that this must be a human. In theory, an AI program could qualify—if it were registered in the EEA. But was the AI’s legal defense any good?
Penguin Books opposed the ARTPENGUIN logo based on its PENGUIN wordmark and logos (from 1996 and 2016). The AI’s response was weak, prompting a snarky remark from the BBIE: ‘That prompt could have been better.’
The AI failed to request proof of genuine use, despite all cited trademarks being subject to use requirements. It also neglected to assess whether the products were similar. Worse, ChatGPT mistakenly compared ARTPENGUIN with PENGUIN BOOKS—a trademark that wasn’t even cited. The result? A complete mess. The authorities had no choice but to rule that the trademarks were confusingly similar. The application was rejected, and the defendant was ordered to pay legal costs.
