OpenAI, the much hyped artificial intelligence research laboratory founded by tech luminaries like Elon Musk, Sam Altman and Greg Brockman has applied for a trademark for the term “GPT” with the United States Patent and Trademark Office (USPTO). This move came as no surprise as OpenAI seeks to protect their state-of-the-art AI technology from misuse, imitation, or unauthorized exploitation.
The sought-after trademark pertains to the usage of the term “GPT” with OpenAI’s products and services related to natural language processing, machine learning, artificial intelligence, and data analysis. The latest iteration, GPT-4, is already being praised as one of the most advanced language models, while promising a wide range of applications from content generation to natural language understanding.
Unfortunately, the patent application was rejected by the USPTO. Jefferson Scher, a leading IP expert and the head of the firm’s trademark division at Carr & Ferrell suspects the rejection was likely due to the lack of necessary fees and documentation. With further amendments to the application, OpenAI’s GPT might have to wait up to another five months for a resolution.
Apart from securing exclusive rights to the name, OpenAI must also tackle some technical issues because of the shared usage of “T” for “Transformer”. Notably, the Transformer neural network architecture was introduced by Google researchers in 2017 and is well adopted in the AI community. This could pose difficulties for securing a trademark as names that are too descriptive typically don’t qualify for protection.
Opposingly, IBM is an example of a widely recognized trademark with a descriptive origin. This precedent brings hope to OpenAI, though the company could face an uneasiness in regaining control of the GPT acronym in countries like China, where their competitor, ChatGPT, has yet to debut.
For a startup looking for legal guidance, it is no surprise that OpenAI has put forth a trademark filing for the GPT moniker. IP experts like Jefferson Scher have shed light on the intricacies of the trademark law, noting that due to its fame, a company may have some protection beyond their primary area. This is exemplified by Rolex, whose name is seemingly untouchable due to its heightened recognition.
In conclusion, OpenAI is taking the necessary steps in protecting the GPT acronym and its associated products and services. With an optimized patent application and certain judicial precedents, OpenAI could very well be successful in obtaining its desired trademark. As their reputation continues to grow, they may further benefit from the protective shield associated with fame.
