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discuss OpenAi "GPT" Trademark REJECTED by U.S. Trademark Office

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There is nothing there that they have been denied anything other than the very old news we all know that they were denied a speedy or fast tracked trademark 6 weeks back.
 
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This trademark is in a normal stage of 641 where they have been asked to provide more info before a decision is granted—-note the NON FINAL action status. Non final means it not over and everyone gets these.

Trademarks go through a long often drawn out process. Lots of to and fro. They have been challenged with 8 screen shots most dated after 2018.

Its up to the lawyer to respond with proofs they deserve the mark. I imagine they have alot more material than 8 screen grabs. Open AI’s mistake was not filing sooner imo.

To understand the process better see the codes below used throughout a trademark process. The goal is to get to code 700 and beyond.

https://uspto.report/resources/trademark-faq/uspto-trademark-status-codes/
 
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True, a "non-final" rejection means the applicant is still able to respond and try to change their mind...

That said, usually an Examiner sticks to their initial position. In that case, the applicant could appeal over their head, or potentially even go to court (depending on how much they want to fight for it).
 
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Is there a smiley for :headache: ?! 🙃

Most likely, we will have to wait until the end of the application process, and its outcome.

Unless, anyone of you can really tell 100%,
and be legally liable for it.

which I really doubt.
 
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IP always has uncertainty, as nobody can know for sure how the USPTO or courts might rule.

As a business matter, people make calculated risks based on what they think is more likely to happen...and how much investment they're willing to make when they might be guessing wrong, etc.
 
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Interesting case to follow. Lets see what OPENAI follows up with in the upcoming months.

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.
 
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Interesting related point:

Looks like the USPTO has rejected "procurementgpt" for being descriptive, on the grounds that both words (procurement and GPT) are each generic terms. (I can't seem to link here, but it's on the USPTO site...)

It's being allowed on the "secondary" register, with an opportunity to try to establish distinctiveness for the "procurementgpt" combination over time...

There's still a ton of other applications out there pending for various "_____GPT" types of trademarks, so it'll be interesting to see if the USPTO handles those in a similar way.

It also makes it seem like OpenAI would be less likely to win theirs for just "GPT" itself, if the reason for those other rejections is partly based on the grounds that "GPT" is generic.
 
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