OpenAI, a research institute that researches and develops artificial intelligence, has recently applied for a trademark in the United States Patent and Trademark Office (USPTO) to trademark the acronym ‘GPT’. GPT stands for Generative Pre-trained Transformer, which is a deep learning model that OpenAI released in November. OpenAI has petitioned the USPTO to expedite the process, citing the “myriad infringements and counterfeit apps” that are starting to emerge and the fact that they did not provide appropriate documents to support their efforts.
Despite their efforts, OpenAI may have to wait up to five months for a decision from the USPTO based on the number of trademarks that are waiting to be processed. In addition to this, OpenAI still runs the risk of facing strong opposition from other market participants and the public who might consider GPT to be a generic term for generative AI instead of a brand. To add to this, OpenAI also has to prove to the USPTO that GPT stands out as a distinct brand and is not just a descriptive origin. To help prove their point, OpenAI could point to the company IBM, which stands for International Business Machines, as an example.
Jefferson Scher, a partner in the trademark practice group of Carr & Ferrell, points out that even if OpenAI does manage to secure a patent with the USPTO, their success is far from certain. OpenAI may also have to contend with opportunities for public perception as it could be argued that if GPT is mentioned frequently in public, in media outlets such as late-night talk shows and public writings, it cannot be protected as a brand.
Regarding OpenAI, it is an American artificial intelligence (AI) research laboratory founded in San Francisco in December 2015. It is currently the most prominent think tank in the AI industry and is backed by the likes of Tesla, Microsoft and the Sam Altman-led investors. OpenAI’s main goal, is to advance digital intelligence in the way that is most likely to benefit humanity as a whole, unconstrained by a need to generate financial return.
Jefferson Scher is a partner in Carr & Ferrell’s trademark practice group, with over 15 years of experience. He has extensive knowledge in trademark procurement, trademark challenges/trademark litigation, trademark monitoring and other services, providing essential counsel and strategy. He advises clients on potential challenges and solutions with the intention of protecting their brands and reputation against infringements. He also has extensive experience in intellectual property disputes, trademark defense and portfolio management.
