OpenAI has lost its appeal against the European Union’s refusal to register its name as a trademark, a setback that leaves the ChatGPT maker without brand protection for one of its most recognisable assets in the bloc.
The European Union Intellectual Property Office had previously agreed to protect OpenAI’s logo but rejected the name itself, finding that “open” and “AI” are common English words that together describe a broad range of artificial intelligence activities.
EU trademark law bars registration of terms that simply describe a product or service, on the basis that doing so would deny competitors the right to use those words in ordinary advertising. OpenAI’s appeal against that ruling was dismissed on Wednesday.
An exemption exists for companies that can demonstrate long-standing use of a name, but OpenAI was unable to rely on it successfully. The company’s logo remains protected under EU law.
