ARTIFICIAL INTELLIGENCE IN THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON TRADEMARKS: PROBLEMS AND POSSIBILITIES OF LEGAL REGULATION

The article discusses the legal concepts of trademark and artificial intelligence used in the creation and maintenance of means of individualization. The impact of the proliferation of artificial intelligence technologies can be observed in many areas of law, including trademark law. The rapid development of artificial intelligence technologies has necessitated a reassessment of some of the basic practices and concepts of trademark law. The first aspect of these developments is the use of artificial intelligence in trademark applications, registrations and other related procedures. Patent offices around the world are utilizing these technologies to improve transactional efficiency and accuracy and productivity. Examples of the use of artificial intelligence in trademark applications and registration processes include performing comparative similarity assessments, scanning databases to detect previously dated similar trademarks for trademark clearance purposes, and automating certain office procedures. Similarly, artificial intelligence algorithms are used to detect and monitor trademark infringement and unauthorized use, especially on online platforms. An attempt has been made to clarify the place of domain name, hashtag, and smiley face in the domestic system of intellectual property rights, as well as to assess the prospects of application of artificial intelligence in this area in accordance with Kazakhstan's experience and international practices. It is extremely important for trademark owners to closely monitor the opportunities that this increasingly widespread technology can offer when determining their commercial strategies and taking preventive measures to prevent situations that may lead to infringement.