The US Patent and Trademark Office (“USPTO”) has rejected OpenAI’s application to trademark “GPT”, which stands for Generative Pre-trained Transformer, saying the term was “merely descriptive”.
In the application, OpenAI argued the mark is not generic because consumers do not immediately understand what the underlying wording “generative pre-trained transformer” means.
However, the USPTO refused the registration of “GPT” on the basis that the acronym describes a feature, function, or characteristic of OpenAI’s goods and services. The USPTO further noted that “GPT” is a generic mark that is widely used throughout the artificial intelligence industry.
The latest decision from the USPTO marks the second time that an OpenAI trademark application has been rejected, as it previously attempted to register a trademark for “GPT” in December, 2022.
OpenAI has the option to appeal the decision to the Trademark Trial and Appeal Board.
Authors: Arash Rouhi and PJ Conlon, 2023/2024 Articling Student-At-Law
Authors
Expertise
Insights
-
Intellectual Property
SeaStar’s Patent Splash: Medical Device Technology Granted Canadian Protection
SeaStar Medical Holding Corporation has reportedly expanded its intellectual property portfolio with the grant of Canadian Patent No. 2,814,586. The patent protects the company’s Selective… -
Intellectual Property
Enveric Biosciences Sells Cannabinoid-Related IP to Focus on Emerging Psychedelic-Inspired Drugs
Enveric Biosciences (“Enveric”) has reportedly now sold one of its portfolios comprised of patents and patent applications for cancer treatment that combines cannabidiol (“CBD”) with additional… -
Intellectual Property
US Patent and Trademark Office Comments on AI-Assisted Inventions
While AI’s rapid development and ever-increasing proliferation have facilitated substantial efficiency gains across a myriad of industries, unanswered legal questions regarding the consequences of its… -
Intellectual Property
OpenAI’s “GPT” Trademark Application Rejected by USPTO
The US Patent and Trademark Office (“USPTO”) has rejected OpenAI’s application to trademark “GPT”, which stands for Generative Pre-trained Transformer, saying the term was “merely… -
Intellectual Property
Art Teacher and School Board Face a Brush with the Law
Upon discovering approximately 3,000 pieces of their children’s artwork for sale online without consent, a group of parents in Quebec have threatened legal action against a junior high school art… -
Intellectual Property
Four New Patents Join EA’s Accessibility Pledge
Electronic Arts (“EA”) continues to break down barriers, adding four more patents to its accessibility Patent Pledge.In 2021, EA introduced a Patent Pledge with the aim of fostering a more accessible…