OpenAI loses trademark dispute at EU court
Key Takeaways
- ▸OpenAI's trademark application for "OPENAI" was partially rejected in the EU due to lack of distinctiveness
- ▸The EU General Court ruled the term purely descriptive—the public understands "open" as freely accessible and "AI" as artificial intelligence
- ▸Trademark registrations granted in other countries (30+ jurisdictions) do not influence EU trademark law decisions
Summary
The European Union's General Court has ruled against OpenAI in its trademark dispute, finding that the term "OPENAI" is purely descriptive and lacks the distinctiveness required for trademark protection in the EU. The court upheld a decision by the EU Intellectual Property Office (EUIPO), which had partially rejected OpenAI's application for trademark registration in relation to software and cloud computing services. The court determined that the general public would understand "open" as meaning freely accessible and "AI" as referring to artificial intelligence, making the combination descriptive rather than distinctive.
OpenAI had argued that "open" has multiple possible meanings and that "OPENAI" is a coined term without fixed meaning, citing comparable trademark registrations granted in more than 30 other countries, including the UK and Singapore. However, the court rejected these arguments, ruling that the word combination is not an unusual linguistic combination in English and that registrations in other jurisdictions are not binding under EU trademark law. The decision can still be appealed to the European Court of Justice, leaving the possibility for further legal proceedings.
- OpenAI retains the right to appeal the ruling to the European Court of Justice
