China thwarts OpenAI's GPT-5 trademark petition, Hampering American corporation's branding endeavors
In a recent development in the fast-developing and highly competitive AI industry, the United States Patent and Trademark Office (USPTO) and the China National Intellectual Property Administration (CNIPA) have denied OpenAI's applications to trademark "ChatGPT" and "GPT."
The denial of these applications is not a reflection of any specific issue with OpenAI's AI technology, but rather with the nature of the trademarked names. Both the USPTO and CNIPA deemed these terms too descriptive and generic, as they merely describe a feature, function, or characteristic of OpenAI's goods and services.
The USPTO made this decision in February 2024, while the denial by CNIPA occurred under its jurisdiction. OpenAI, a San Francisco-based start-up, did not immediately respond to a request for comment on the denial.
The trademark in question is for the names GPT-5 and ChatGPT, which are associated with OpenAI's artificial intelligence technology. The denial of these applications presents a challenge for OpenAI in protecting its branding in competitive AI markets, particularly because "GPT" denotes a technology type rather than a unique brand identifier.
The repeated refusals in China signal difficulties for OpenAI in defending its trademarks in one of the world’s largest AI markets. However, it's worth noting that the application by OpenAI OpCo is currently pending appeal after being denied by the Trademark Office.
This setback for OpenAI's efforts to protect its brand in the AI industry is significant, as the AI industry is a significant area of focus for the company. The denial does not affect the trademark status of other OpenAI products or services.
The fast-developing and highly competitive nature of the AI industry adds another layer of complexity to OpenAI's brand protection efforts. The company is appealing the decision made by the Trademark Office, and it remains to be seen how this situation will unfold in the future.
[1] Source: USPTO Examination Reports [2] Source: CNIPA Examination Reports
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