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I went a bit meta on this and supplied the trademark report to ChatGPT, prompting it to summarize. It did so as follows:

The US Trademark Office rejected the application, deeming "GPT" merely descriptive of the features, functions, or characteristics of OpenAI's goods and services. The decision was based on extensive evidence showing "GPT" is widely used in the industry to refer to a specific type of AI technology, making it not distinctive enough for trademark protection under the Trademark Act Section 2(e)(1). Additionally, OpenAI's application was partially refused for Class 09 due to unacceptable specimens, as they did not demonstrate the mark's use in commerce in a manner that allows for the downloading or purchasing of the software.

Also: I understand the trademark decision but does OpenAI have any patents on GPT? Google has for example patented word2vec, https://patents.google.com/patent/US9037464B1/en



I don't keep up with the AI space at all, but have they become victims of trademark confusion, a la Kleenex?


No, the primary reason given for rejection is that the term is merely descriptive—GPT just refers to a transformer that was trained with generative pre-training. The examining attorney gave a bunch of examples of GPT being used to describe a type of AI system.

So it's not that the trademark has been diluted (although the attorney included a warning that even if the trademarks weren't descriptive it's also become generic), the problem is that it would never have been an acceptable trademark because trademark law doesn't allow you to trademark a description of a product that would apply equally well to your competitors' products.




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