Some GPT-based services are indeed working with OpenAI (e.g., SlackGPT), but others are not (e.g., BloombergGPT).
As a terms-of-service matter, OpenAI recently began a "branding policy" that requires its API customers to agree that they won't use "GPT" in their product/service names. That's really a contract issue rather than a trademark issue, so presumably just using another company's GPT foundation as the engine for one's new website/service wouldn't raise that issue. There are other providers of GPT base models, but of course OpenAI's GPTs are the most popular...
Regarding the trademark issue: on May 25th, the USPTO rejected OpenAI's application to trademark the term, saying that it's descriptive and generic. However, it's a "non-final" rejection and so OpenAI can still try to change the Examiner's mind...
Wow. That seems pretty significant. Interestingly, the law firm that OpenAI is using claims to be one of the top intellectual property firms in the US. But the trademark claim for GPT still got rejected. As
@matemp noted, this is an appealable decision but you have to think if it was an easy claim then these top IP attorneys would have been able to secure the TM already.
Are there any IP lawyers on here who can give us odds of OpenAI prevailing on appeal?
I still can't post links but someone posted a link to the USPTO action letter in a different thread. Here are some excerpts from the letter:
"Registration is refused because the applied-for mark merely describes a feature, function, or
characteristic of applicant’s goods and services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1);
see TMEP §§1209.01(b), 1209.03 et seq."
An abbreviation, initialism, or acronym is merely descriptive when it is generally understood as
“substantially synonymous” with the descriptive words it represents."
"In the present case, the attached evidence shows that applicant’s mark “GPT” is an acronym for the
wording “generative pre-trained transformer.” According to the attached definitions from Merriam-
Webster Dictionary, "GENERATIVE" means having the power or function of generating, originating,
producing, or reproducing," "PRE-TRAINED" means to "train in advance," and "TRANSFORMER"
means "one that transforms." Further, the attached Internet evidence demonstrates such wording is
commonly used in applicant's industry to refer to a particular type of software featuring artificial
intelligence (AI) that generates responses based on a pool of pre-existing resources that the software
uses to generate its responses to user questions."
And finally:
"In addition to being merely descriptive, the applied-for mark appears to be generic in connection with
the identified goods and/or services. “A generic mark, being the ‘ultimate in descriptiveness,’ cannot
acquire distinctiveness” and thus is not entitled to registration on either the Principal or Supplemental
Register under any circumstances."
