OpenAI Denied Trademark Rights for 'GPT' by US Patent Office

Artificial intelligence company OpenAI has had its bid to trademark the term “GPT” refused by the U.S. Patent and Trademark Office (USPTO). This decision carries significant implications for the AI industry, affecting how foundational AI technologies are named and branded.

‘GPT’ Too Descriptive for Trademark Status

The USPTO ruled that the term “GPT”, which stands for “generative pre-trained transformer”, is “merely descriptive” of the technology it represents, making it ineligible for trademark registration. The decision suggests that “GPT” describes a category of AI rather than a unique product or service from OpenAI. This term is considered generic within the tech industry.

Impact on OpenAI and Its Competitors

Despite this setback, OpenAI remains a dominant player in the AI field. Still, the absence of trademark protection may lead to increased use of the term “GPT” by other companies in their product names. This is the second time OpenAI’s attempt to trademark “GPT” has been denied, with a previous application rejected in May 2023. OpenAI may appeal this latest decision.

Intellectual Property Challenges in Tech

The refusal to grant trademark status to “GPT” underscores the challenges of securing intellectual property rights for broadly descriptive technological innovations. Many companies refer to their AI models as “GPTs”, exemplifying the technology’s foundational nature rather than a brand unique to OpenAI.

Future Trademark Strategies

OpenAI’s response could involve creating new, unique brand names for their technologies that can be more easily trademarked. This could help maintain a distinct identity in a market that’s becoming increasingly crowded with AI offerings. For competitors, the decision opens up the possibility to use “GPT” more freely in their product names and marketing.

Balancing Innovation and Intellectual Property

The inability to trademark “GPT” could lead to a proliferation of similarly named products, potentially diluting OpenAI’s brand identity. Future strategies may include focusing on distinct brand names for new products or technologies to ensure stronger intellectual property protections. This situation highlights the delicate balance between fostering innovation and protecting intellectual property in the rapidly evolving tech industry.