AI design tools like Midjourney, DALL·E, Canva AI, and Looka have become incredibly popular for creating brand visuals especially among startups wanting to move fast and keep costs down. Within minutes, these platforms can generate hundreds of logo options based on a simple prompt.
But here’s the problem:
Just because you generated the logo, does not mean you own the copyright in, or the trade mark rights for the design.
In many cases, AI-generated logos cannot be copyrighted, are legally unoriginal, or may even infringe someone else’s IP without you knowing. And if your brand is built on a logo you don’t truly own, you are at real risk when you launch, scale, or try to enforce your brand.
As intellectual property lawyers, we’re seeing this issue arise constantly, especially when businesses attempt to register AI-created logos as trade marks.
So let’s break down what you need to know.
Who Owns Copyright in an AI-Generated Logo?
Under Australian copyright law, copyright generally protects works that are created with human authorship.
AI-generated designs are typically:
- Not created by a human, and therefore
- Cannot be protected by copyright by default
Even if you typed the prompt, that does not make you the creator in the way the law requires.
This means:
Someone else could legally copy your AI-generated logo — and you may have no enforceable rights to stop them.
What About Trade Mark Registration?
This is where it gets more complicated.
To register a trade mark for your logo, it must be:
- Distinctive, and
- Not substantially similar to earlier trade marks
AI models are trained on existing artwork, meaning your logo may unknowingly resemble:
- A competitor’s mark
- Stock iconography
- A registered logo
- A famous brand’s visual identity
If the logo is not truly unique, IP Australia may reject your trade mark application, or it may later be challenged.
For reference, see:
Checklist for a Comprehensive Trade Mark Search in Australia
Common Risks with AI Logo Generators
| Risk | Explanation |
| No copyright ownership | Many AI-generated logos cannot be protected under current Australian copyright law. |
| Trade mark rejection | The logo may be too generic or similar to existing marks. |
| Infringement risk | You may accidentally use a design similar to another brand’s logo. |
| Lack of licensing clarity | AI platforms often own or share rights to outputs. |
Your brand identity is not something you want to leave to chance or to the terms and conditions of an AI design platform.
“But the AI Tool Said I Have Commercial Rights…”
Yes, many AI platforms say you get a commercial licence to use the output. But commercial use is not the same as ownership.
A licence allows you to use the logo. It does not guarantee:
- Copyright protection
- Trade mark availability
- Freedom to enforce your rights
And if two businesses generate similar logos using the same AI platform? You may end up in a brand confusion dispute or worse, a legal conflict.
How to Avoid Brand and Copyright Problems
1. Conduct a Trade Mark Clearance Search
Before adopting any logo, ensure it does not conflict with existing registered marks.
See Checklist for a Comprehensive Trade Mark Search in Australia
2. Work With a Graphic Designer or Brand Professional
A designer can refine an AI concept into a legally protectable brand asset.
3. Register the Logo as a Trade Mark
This is what provides exclusive rights and enforceability.
Explore our Trade Mark Services
Frequently Asked Questions
Can I still use AI to help with logo ideas?
Absolutely — AI is a helpful brainstorming tool. But we recommend having a designer rework the concept into something original and protectable.
Can I trade mark a logo that was partly created with AI?
Yes as long as a human has meaningfully contributed to the final design and the result is distinctive.
What if I already launched my brand with an AI logo?
You may still be able to protect it but the sooner we review, the better.
How BrandU Legal Can Help
As experts in intellectual property, BrandU Legal assists businesses in:
- Reviewing AI-generated branding for legal risk
- Securing copyright ownership (where possible)
- Preparing and filing trade mark applications
- Defending your brand from infringement
Thinking of using (or already using) an AI-generated logo?
Let’s make sure you aren’t building your brand on foundations you don’t legally own. Get in touch with one of our experts for further advice.