No ‘GPT’ trademark for OpenAI

The U.S. Patent and Trademark Workplace has denied OpenAI’s try to trademark “GPT,” ruling that the time period is “merely descriptive” and due to this fact unable to be registered. It’s a blow to OpenAI’s branding, however don’t count on its rivals to begin releasing their very own model of the ever present chatbot.

ChatGPT is actually probably the most recognizable model in AI proper now, being the most well-liked conversational mannequin in the marketplace and the one that the majority visibly took giant language fashions from curiosity to world development.

However the identify, in accordance with the USPTO, doesn’t meet the requirements to register for a trademark and the protections a “TM” after the identify affords. (By the way, they refused as soon as again in October, and this can be a “FINAL” in all caps denial of the applying.)

Because the denial doc places it:

Registration is refused as a result of the applied-for mark merely describes a function, operate, or attribute of applicant’s items and companies.

OpenAI argued that it had popularized the time period GPT, which stands on this case for “generative pre-trained transformer,” describing the character of the machine studying mannequin. It’s generative as a result of it produces new (ish) materials, pre-trained in that it’s a giant mannequin skilled centrally on a proprietary database, and transformer is the identify of a specific methodology of constructing AIs (found by Google researchers in 2017) that enables for a lot bigger fashions to be skilled.

However the patent workplace identified that GPT was already in use in quite a few different contexts and by different firms in associated ones. As an illustration, Amazon has an inventory for what a GPT is and the way they use them.

The argument from the patent aspect is that GPT describes a side of the product. Like in case you had a cereal referred to as Crunchy O’s, and tried to trademark “crunchy.” Within the case of ChatGPT, this can be a GPT-type AI mannequin — an idea OpenAI didn’t create, and isn’t alone in providing — that you simply chat with. It might be recognizable, nevertheless it doesn’t meet the necessities for trademarking.

It might be that this lack of a trademark will dilute OpenAI’s dominance over GPT-related terminology. You’ll be able to count on issues like a “TalkGPT,” no relation, to point out up in app shops (certainly they’re already there, and quite a few) — and OpenAI can’t sue them for utilizing their model.

That stated, OpenAI does have the largest mindshare by far when somebody says “GPT,” so though their authorized protections are restricted, they preserve the first-brander benefit. If something they could double down on the GPT branding, emblems be damned, to verify everybody is aware of that OpenAI did it first (or shut sufficient).

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