Deep Dives

A Running List of AI-Related Trademark Applications for Registration

Companies across industries – fashion and retail, included – are looking to artificial intelligence (“AI”) to boost their creative outputs, reduce operational costs, increase efficiency, grow revenues, and improve customer experience, among other things. The rise in companies experimenting with and/or relying on AI has brought with it interesting questions/concerns in the legal realm, including whether the output of AI image-generators is capable of infringing the input data used to train the models and whether AI-generated works are eligible for being protected by copyright.

At the same time, such increased emphasis on AI is prompting at least some companies to broadly reimagine their branding (to clearly signal to consumers and investors that they are prioritizing AI in their operations) or at least to evaluate the extent to which the rights that exist in their trademark portfolio extend to AI-specific elements of their business. This is leading a growing number of companies to file AI-centric trademark applications with the U.S. Patent and Trademark Office.

Against that background and with the aim of providing you with a snapshot of what is happening with regard to AI on the trademark front, we have compiled a list of AI-centric trademark applications that have been lodged with the U.S. Patent and Trademark Office by various fashion, sportswear/equipment, and cosmetics/beauty brands, retailers/marketplaces, and media outlets, as well as unaffiliated third-parties, and will continue to update it regularly. Please note that this is not an exhaustive list of AI-related filings with the USPTO.

2/14/23Lashify, Inc.POWERED BY LASHIFY TECHNOLOGY9 (Downloadable mobile application using AI in the fields of cosmetics, beauty consultation, beauty education, cosmetics product selections, lash extensions, false eyelashes, false nails; SAAS services featuring software using AI in the fields of cosmetics,” etc.)1B97794734
2/14/23NON-FUNGIBLE COUTURES, INC. DBA Fashion IconsAI FASHION35 (Online retail store services featuring downloadable digital clothing, accessories & collectibles authenticated by NFTs)1B97795104
1/31/23Shirts.AI LLCSHIRTS.AI25 (Hoodies; Pants; Shirts; Shorts; Sweaters; Baseball caps and hats; Crew neck sweaters, etc.)1A97775310
1/18/23Revery AI Inc.REVERY AI9 (Downloadable application programming interface (API) software)

42 (Computer programming services for integration of virtual try-on experience/dressing rooms into websites/applications)
11/14/22Sizekick GmbHSIZEKICK9 (VR models; data and image processing software for making 3D models; software for generating virtual images; computer e-commerce software; web application software; AI software)

35 (Online retail services relating to clothing; provision of space on websites for advertising goods & services)

42 (Design & development of computer hardware and software; SAAS services featuring software for machine learning, deep learning & deep neural networks)
10/20/22IDNTTY COMPANYSYKY9, 25, 35, 36, 41, 45

42 (application service provider featuring software using artificial intelligence for tokenizing physical and digital goods & services for use in the metaverse and other virtual worlds)
9/6/22HautAI OUBEAUTY.AI3 (Cosmetic preparations; Non-medicated cosmetics)

9 (AI & machine learning software; Software for monitoring, analysing, controlling & running physical world operations; VR & AR software)

35 (Online retail services relating to beauty products)

42 (IT services; Software development, programing and implementation)
5/25/22LINING SPORTSLI-NING42 (research in the field of artificial intelligence technology; providing user authentication services using blockchain-based software technology for cryptocurrency transactions; user authentication services using blockchain technology for cryptocurrency transactions, online software applications; development of video and computer games software)66A79357751
4/25/22Vinted LimitedVINTED42 (Creation of platforms for AI as SAAS; authentication services, namely, providing user authentication services using block-chain based software technology for cryptocurrency transactions)1B;44D97379614Office Action calls for clarification of goods/services, including: The services “platforms for artificial intelligence as software as a service” are not clear and must be clarified.
3/23/22Byredo ABBYREDO9 (AI software, apparatus and instruments; computer games software; computer games programmes; augmented reality software; augmented reality games software; virtual reality software)

35 (virtual retail services and virtual department store retail services connected with the sale of cosmetics, etc.)
44D97326418Office Action calls for clarification of goods/services, including: "Recorded artificial intelligence software, apparatus and instruments for {specify function, e.g., providing advice and assistance in relation to fashion items} sold as a unit"
3/23/22Diptyque S.A.S.DIPTYQUE9 (AI software, apparatus and instruments)

35 (Online retail and department store services featuring virtual goods for use in online virtual worlds)
44D97326430An Office action cites likelihood of confusion for Class 9 with a third-party’s registration of DIPTYQUE for use on “audio speakers for record players; holders adapted for loudspeakers,” etc. in Class 9.

No push for clarification of AI software language.
3/2/22ASOS Holdings LimitedMISS SELFRIDGE3, 8, 14, 16, 18, 23, 24, 25, etc.

9 (downloadable VR & AR software for simulation; downloadable AI software for analysis of shopping habits & customer preferences)
1B; 44D97292007Office Action req. clarification of goods/services. Among the proposed changes: "downloadable AI software for analysis of {indicate what is being analyzed, e.g., sales figures}"
2/5/22Kicks AI LLCKICKS AI25 (Shirts; Shorts; Clothing, namely, khakis; Shirts and short-sleeved shirts; Shoe accessories, etc.)1B97254779NOA issued 2/28/23
1/24/22SolidEnergy Systems, LLCHERMES DIGITAL TWIN9 (Batteries; Battery chargers; Rechargeable batteries; Smartphones; Smart watches; Tablet computer; VR & AR goggles)

42 (Research in the field of AI; advanced product research in the field of AI, etc.)
1B97235277Opposed by Hermès International
12/31/21GOLDEN GOOSE AI LLCGOLDEN GOOSE AI42 (Research in the field of artificial intelligence; SaaS featuring software using AI for content analysis.)1A97198990Office Action issued 10/8/22 - Unacceptable Specimen of Use - Does Not Show a Direct Association with the Services
4/19/19Nike, Inc.CRYPTOKICKS9 (downloadable software and mobile applications using artificial intelligence for managing cryptocurrency transactions using blockchain technology)

1B88394295NOA issued 4/14/20