Can OpenAI Trademark 'GPT'?
"ThreatGPT, MedicalGPT, DateGPT and DirtyGPT are a mere sampling of the many outfits to apply for trademarks with the United States Patent and Trademark Office in recent months," notes TechCrunch, exploring the issue of whether OpenAI can actually trademark the phrase 'GPT'... Little wonder that after applying in late December for a trademark for "GPT," which stands for "Generative Pre-trained Transformer," OpenAI last month petitioned the USPTO to speed up the process, citing the "myriad infringements and counterfeit apps" beginning to spring into existence. Unfortunately for OpenAI, its petition was dismissed last week... Given the rest of the queue in which OpenAI finds itself, that means a decision could take up to five more months, says Jefferson Scher, a partner in the intellectual property group of Carr & Ferrell and chair of the firm's trademark practice group. Even then, the outcome isn't assured, Scher explains... [H]elpful, says Scher, is the fact that OpenAI has been using "GPT" for years, having released its original Generative Pre-trained Transformer model, or GPT-1, back in October 2018... Even if a USPTO examiner has no problem with OpenAI's application, it will be moved afterward to a so-called opposition period, where other market participants can argue why the agency should deny the "GPT" trademark. Scher describes what would follow this way: In the case of OpenAI, an opposer would challenge Open AI's position that "GPT" is proprietary and that the public perceives it as such instead of perceiving the acronym to pertain to generative AI more broadly... It all begs the question of why the company didn't move to protect "GPT" sooner. Here, Scher speculates that the company was "probably caught off guard" by its own success... Another wrinkle here is that OpenAI may soon be so famous that its renown becomes a dominant factor, says Scher. While one doesn't need to be famous to secure a trademark, once an outfit is widely enough recognized, it receives protection that extends far beyond its sphere. Rolex is too famous a trademark to be used on anything else, for instance. Thanks to Slashdot reader rolodexter for sharing the article.
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