INTA Research
Exploring the Use of Artificial Intelligence in the Likelihood of Confusion Analysis
Published: June 29, 2026
Non-Member Value: $650
Artificial intelligence (AI) is transforming how intellectual property offices (IPOs) and practitioners approach trademark examination. As the volume and complexity of trademark applications increase globally, IPOs face growing pressure to deliver consistent, high-quality decisions efficiently.
AI has the potential to reshape aspects of trademark examination by improving efficiency and enabling more data-driven analysis. Likelihood of confusion determinations, however, remain deeply human-centered, relying on context, judgment, and the perspective of the “average consumer.” AI should be viewed as a powerful assistant—not the final decision-maker.
This report explores how AI can support likelihood of confusion analysis while preserving the critical role of human judgment. This research was undertaken to support IPOs and intellectual property practitioners by detailing how AI technologies may enhance the examination process, improve consistency, and uphold legal standards while maintaining human oversight in decision-making. INTA chose the likelihood of confusion analysis as a representative example of how AI could be applied to subjective, as well as objective, AI legal analysis.
INTA commissioned FTI Consulting to prepare this Report.
| Who Should Explore This Report | What You’ll Discover |
|---|---|
| Intellectual Property Offices | How AI can support trademark examination workflows, improve efficiency, and help manage increasing application volumes |
| Trademark Examiners | Practical ways AI may assist in assessing likelihood of confusion across visual, phonetic, and conceptual elements |
| Legal and IP Practitioners | Insights on how AI tools may enhance trademark clearance, prosecution, and enforcement strategies |
| Policymakers and Regulators | Key considerations around AI governance, transparency, and maintaining human oversight in decision-making |
| In-House Counsel and Brand Owners | How AI-driven analysis may impact brand protection strategies and risk assessment across the trademark lifecycle |
| Researchers and Technology Professionals | A deeper understanding of AI methods, applications, and emerging opportunities in trademark analysis |
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Thank you to our sponsor, Venable, for supporting INTA and FTI’s research on AI and likelihood of confusion analysis and the development of this report.