OpenAI’s Effort to Trademark ‘GPT’ Crushed by Feds
The U.S. Patent and Trademark Office has dealt a blow to OpenAI’s efforts to trademark the acronym GPT. In a recent decision, the USPTO stated that GPT is merely descriptive and conveys a feature of OpenAI’s product, specifically referring to generative pre-trained transformer, a set of neural network models that can create human-like text and images.
OpenAI had been attempting to prevent other businesses from using the acronym GPT since the launch of its popular ChatGPT chatbot in November 2022. However, the USPTO’s decision means that OpenAI will not be granted a trademark for GPT because it is seen as a descriptive term rather than a distinctive brand identifier.
OpenAI had argued that the average consumer would not understand that GPT stands for generative pre-trained transformer, but the USPTO disagreed. The agency stated that many consumers have already come to associate GPT with OpenAI’s products and the technology they represent.
Furthermore, the USPTO emphasized that businesses and competitors should be allowed to use descriptive language to describe their goods and services to the public. This decision aims to prevent OpenAI from impeding competition in its industry and filing expensive trademark infringement lawsuits.
This is not the first time OpenAI’s application to trademark GPT has been denied. The USPTO previously rejected the company’s petition in May 2023 and has now done so again.
OpenAI still has options to pursue. The company can request the USPTO to reconsider its decision or file an appeal with the Trademark Trial and Appeal Board. However, it remains uncertain whether OpenAI intends to take any further action at this time.
Gizmodo reached out to OpenAI for comment but has not received an immediate response.
This decision by the USPTO highlights the complexities of trademarking acronyms and the need to balance the protection of intellectual property rights with fair competition in the AI industry. As OpenAI faces this setback, it remains to be seen how the company will navigate these challenges moving forward.
