Can Someone Really Trademark A.I. Brainrot?

Photo Credits: Cybernews

From what started as a joke and messing around with A.I. to what is now known names to millions of children across the world, “A.I. Brainrot” has slowly taken over social media platforms and stores alike. From “Tung Tung Tung Sahur” to “Ballerina Cappuccina”, multiple A.I. characters have been generated and become viral to millions of viewers online. Now, these characters have taken over games, such as Roblox, and retail stores; it’s going beyond what anyone believed it could. But as games are using these names and stores are selling these products, could anyone just trademark it since it’s A.I.? How can someone trademark “A.I. Brainrot”?

To clarify, “A.I. Brainrot”, otherwise known as “Italian Brainrot”, is A.I. generated characters or images that are object-animal hybrid of Italian phrases. For example, the character “Ballerina Cappuccina” is a visual that has a coffee cup head and a ballerina body. These characters typically don’t have any sensicial meaning behind it, but are created out of pure fun and joy. 

The person of who officially “created” the start of these A.I. Brainrot characters is unknown. It’s unclear who first generated a character and posted it. However, the most commonly known character, “Tung Tung Tung Suhar”, was created by TikTok user @noxassht. This creator is credited with playing a significant role in the popularity of the “Italian Brainrot” trend online. 

The origin of the other widely-known characters are unknown and the creators of these characters are rarely mentioned or noted online. So, could anyone really trademark these characters? How can retailers make toys without being the original creators of them? Can you really trademark A.I.?

Well, creators can trademark these characters! The character “Tung Tung Tung Suhar” is actually trademarked! According to Trademarkia, the phrase/character “Tung Tung Tung Sahur” is trademarked under the company Innovatex Labs LLC and filed under the category “Toys and Sporting Goods Products”. Although Innovatex Labs LLC is not the original creator of the character, it is noted that this company represents the creators interests. This is significant because someone, for relatively the first time, is trademarking an A.I. character in mass media. This trademark has gone so far that there has actually been a dispute with a “Roblox” game for using the character. “Tung Tung Tung Suhar” in this game has since been removed due to the legal fight and official trademark dispute, supporting that this is being taken with full seriousness. 

However, the process is not simple. To obtain a trademark, you need to show where it comes from. For example, if you were to trademark a logo for a business, it would show which business it belongs to; you’re using it to differentiate your business from other businesses. So, if you were to attempt to trademark A.I., you would need to make sure you have the rights to it, show how you are using it, and show it’s unique. All these aspects would need to be proved when filling out paperwork. You must prove that you could legally use it for business and that you own it. You must prove that it could actually be used for business. You must prove that it’s not too similar to other trademarked items or images, or else it may be denied. 

The “Tung Tung Tung Suhar” trademark is still being processed by The United States Patent and Trademark Office, so it’s not 100% official yet. But, it is a start. 

So the answer is yes. If a creator can prove that they created the A.I. character, prove that it can be used for a business purpose, and prove that it’s not too similar to another trademarked image/character, they could trademark it. This means that A.I. could be trademarked. Yet, not just anyone can just trademark any A.I. character since you would have to prove that you created/generated it. This also means that retail stores and games would have to discuss with the trademark owners of these A.I. creators to release a product containing the character, which is a lot of work behind the scenes. 

However, this is significant. As A.I. become more prominent in our day-to-day lives, the ability to trademark something created with A.I. officially is huge. This brings new topics and discussions to legal practices and businesses everywhere, whether we should continue to allow A.I. to be officially documented or if it does not fit the certain criteria required. 

But one thing is for certain, “Italian Brainrot” characters can be trademarked, and that is noteworthy enough. 

***I do not own the rights to this photo! All credits go to Niamh Ancell on Cybernews!

Citations

“Tung Tung Tung Sahur Trademark | Trademarkia.” Trademarkia, 8 Oct. 2024, www.trademarkia.com/tung-tung-tung-sahur-99171194. Accessed 17 Nov. 2025.

Ancell, Niamh. “Italian Brainrot Has Taken over My Instagram Feed.” Cybernews, 28 Mar. 2025, cybernews.com/entertainment/italian-brainrot-viral-trend-instagram-tiktok/. Accessed 18 Nov. 2025.