LI Network
Published on: February 23, 2024 at 12:35 IST
OpenAI’s attempt to trademark the term ‘GPT’ has hit a roadblock as the US Patent and Trademark Office (USPTO) has rejected their application, citing its general nature. The term ‘GPT’ stands for ‘Generative Pre-trained Transformers’, and the USPTO argued that trademarking it would prevent competitors from accurately describing their products.
OpenAI contended that their chatbot, ChatGPT, played a significant role in popularizing the term ‘GPT’. They argued that ‘GPT’ is commonly associated with models featuring ‘ask and answer functions’ for generating human-like text, particularly due to ChatGPT’s widespread use. They expressed concerns about potential infringement issues and market competition limitations.
However, the USPTO disagreed, stating that ‘GPT’ merely describes a feature or function of AI software and is commonly understood in the industry. They emphasized that the term’s association with software featuring ask-and-answer technology is well-established and cannot be exclusively trademarked by OpenAI.
The USPTO highlighted the necessity of using terms like ‘GPT’ or ‘Generative Pre-trained Transformers’ to accurately describe products in the AI software market. They also noted the lack of sufficient evidence from OpenAI to support their claim of ‘GPT’ being used non-descriptively for commercial gain.
This denial marks the second setback for OpenAI, as their previous trademark application for ‘GPT’ was also rejected in May 2023. However, OpenAI still has the option to appeal the decision by providing additional evidence to demonstrate the non-descriptive use of ‘GPT’ in commerce.
As OpenAI considers their next steps, they will need to carefully strategize their appeal to address the USPTO’s concerns and strengthen their case for trademarking ‘GPT’.