The theory of trademark functionality must be analyzed in alignment with new modalities of marketing products and services, the use of homonymous domain names, and the use of AI in brand communication. AI significantly alters the communicative function of brands by conveying more specific and nuanced messages. Based on collected data, AI enables predictive consumption, suggesting brands and products, having to evaluate whether the traditional concept of the average consumer aligns with the current characteristics of the consumer market.

These topics will be addressed and analyzed in this introductory module.

In this module, commercial trademarks and their inherent conditions will be studied in light of their role in market functioning: distinctiveness and use; generic, descriptive, and commonly used signs; secondary meaning; trademark dilution; cancellation for non-use; defensive trademarks. The use and distinctiveness of trademarks and the possibility of exploiting and defending rights within the digital environment will be explored, considering the rapid growth of social media and the constant development of artificial intelligence, as well as digital evidence in administrative and judicial processes.

Additionally, the module will analyze how the holders of distinctive signs have had to adapt to cultural and social changes, as well as how professionals have adjusted to the new infringements posed by the digital environment and the quasi-privatization of justice by new actors (social networks and marketplaces). This includes addressing a model shift in both infringement and litigation processes, such as paperless workflows, the equivalence of validity between physical and digital documents, electronic signatures, electronic verification, and the evidentiary value of electronic documents.

This module will address the relationship between Trademark Law and Health Regulatory Law, the restrictions on trademark owners' rights in product packaging labeling, among other related topics.

This module will explore the relationship between trademark law and unfair competition, examining how acts considered as infringements may be subject to greater regulation and analysis based on balancing conflicting interests. Additionally, it will address the use of trademarks in the Metaverse and NFTs, the impact of artificial intelligence on trademark management, and the resolution of practical conflicts related to these technological advancements.

This module will address trademarks in relation to advertising law, the use of “influencers” for brand advertising, trademarks on the web, and their forms of exploitation in the digital environment.

Trademark law and liability (legal consequences) of digital marketplaces (online sales platforms) for the sale and commercialization of counterfeit goods on their platforms. Their self-regulation, guidelines, and protection measures