OpenAI's attempt to trademark 'GPT' denied by US authorities
What's the story
OpenAI's attempt to trademark the acronym "GPT" has been turned down by the United States Patent and Trademark Office (USPTO) in a final ruling issued last week. The AI company has been attempting to stop other businesses from using the term since launching ChatGPT in November 2022. However, the USPTO rejected OpenAI's request, stating that the acronym was "merely descriptive" and only highlights a feature or characteristic of the company's product.
Case
OpenAI argues 'GPT' is not descriptive
For months, OpenAI has been disputing the USPTO's claim that "GPT" is descriptive. In November 2023, the company argued the average consumer probably wouldn't know that GPT stands for "generative pre-trained transformer," a set of neural network models. OpenAI's lawyers said, "This wording is a mouthful and uses terms specific to the world of AI that the average consumer will not understand." They also claimed it was highly unlikely many people would know what GPT means.
Scenario
USPTO decision supports competitors' use of 'GPT'
Despite OpenAI's arguments, the USPTO didn't agree with the company. In its latest (February 2024) decision, the agency has stated that many consumers clearly associate GPT with specific products and technology. The USPTO also stressed that businesses/competitors should be allowed to use descriptive language when describing their own goods and services. The agency went on to state that it was rejecting OpenAI's petition, aiming to prevent the company from impeding competition in its sector and avoiding costly trademark infringement litigation.
Insights
OpenAI's next steps and industry impact
This marks the second time the USPTO has denied OpenAI's application to register a trademark for GPT, with the previous denial in May 2023. OpenAI can still request the USPTO to review its decision or lodge an appeal with the Trademark Trial and Appeal Board, but it is uncertain if the company plans to take either action. In the meantime, other AI-powered services have added GPT to product names, and companies often refer to their foundational AI models as GPTs.