So, you have birthed a chatbot and given it a name, what now? Should you register the name of the chatbot as a trade mark? The answer is a simple one, yes.
If the chatbots are customer-facing, particularly where the names are being promoted as identifiable brand assets, then you should consider registering the name as a trade mark. If the chatbots become a prominent feature on your website or app, it is likely that consumers will come to associate the chatbot with your services. The name of the chatbot then serves as a valuable source identifier which needs to be protected.
If the name is not registered, a third party could obtain trade mark registration for the same or a confusingly similar name in relation to your field of interest, potentially creating obstacles to your continued use. In addition, if you wanted to restrain third party use, you would be forced to rely on your common law rights, which is generally more costly and burdensome than enforcing a registered trade mark. Furthermore, you may lose an opportunity to secure exclusive statutory rights in a valuable brand element before competitors adopt similar names.
And if that is not reason enough, let’s take a look at who has done it? Amazon has registered Alexa, Microsoft has registered Co-pilot and Google has registered Gemini. It is not surprising that the big celebrity tech companies would register the names of their baby bots, which were destined to become extremely well-known trade marks.
What about other businesses that are using their chatbots to enhance their service offering. In the retail sector, Walmart has registered ASK SAM the name of its chatbot. Nedbank has applied to register ENBI and Absa has applied to register ABSA ABBY as trade marks for their respective chatbots. Vodacom has registered TOBI for its chatbot.
Normal trade mark rules apply. To qualify for registration, the trade mark must be distinctive of the services for which they are being registered. Descriptive names such as Insurance Chatbot, Finance Chatbot or IP Assistant will not qualify for registration.
The name of the chatbot should be registered in relation to your core commercial offering such as retail or financial services. In addition, it is also prudent to register the trade mark in the categories that protect the software and telecommunication components.
The name of the chatbot, if given a prominent identity on your business platform has the potential of becoming a valuable trade mark asset, which becomes synonymous with your business and worthy of protection. Seeking protection sooner rather than later is always advisable. Treat your baby bot as having the potential of becoming a celebrity name. It is often easier and cheaper to protect before it has obtained well-known status, and third parties are clamouring to obtain a piece of the pie.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
