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United States

No 'GPT' Trademark For OpenAI (techcrunch.com) 22

The U.S. Patent and Trademark Office has denied OpenAI's attempt to trademark "GPT," ruling that the term is "merely descriptive" and therefore unable to be registered. From a report: [...] The name, according to the USPTO, doesn't meet the standards to register for a trademark and the protections a "TM" after the name affords. (Incidentally, they refused once back in October, and this is a "FINAL" in all caps denial of the application.) As the denial document puts it: "Registration is refused because the applied-for mark merely describes a feature, function, or characteristic of applicant's goods and services."

OpenAI argued that it had popularized the term GPT, which stands in this case for "generative pre-trained transformer," describing the nature of the machine learning model. It's generative because it produces new (ish) material, pre-trained in that it is a large model trained centrally on a proprietary database, and transformer is the name of a particular method of building AIs (discovered by Google researchers in 2017) that allows for much larger models to be trained. But the patent office pointed out that GPT was already in use in numerous other contexts and by other companies in related ones.

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No 'GPT' Trademark For OpenAI

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  • by iAmWaySmarterThanYou ( 10095012 ) on Friday February 16, 2024 @04:46PM (#64245856)

    Microsoft popularized the word "Windows" but couldn't get a trademark on it either. /s

    • by HiThere ( 15173 )

      Actually, the term windows was in common use for a software terminal screen within a larger display before MS used the term. They should have trademarked "MS Windows" or some such.

      • IIRC that's what they did or maybe it was Microsoft Windows (or both and 800 variations) but could you imagine how crazy it would have been to get a trademark on "windows"? Huge overreach and properly stomped on.

        • by rossdee ( 243626 )

          What are rectangular panes of glass, Alex?

          • by Anonymous Coward

            It's OK for two different companies to trademark the same word in two different industries.

            Famously Apple Records (beetle's label) and Apple Computers (the guys who made the Apple ][+) both trademarked the word apple.

            It wasn't a problem until the computer company started making music products like the ipod.

  • by Kyogreex ( 2700775 ) on Friday February 16, 2024 @04:54PM (#64245886)

    But the patent office pointed out that GPT was already in use in numerous other contexts and by other companies in related ones.

    Perhaps if they had wanted to trademark the abbreviation they should have chosen one that isn't already used in technology.

    • Trademarks can be granted for names etc. that are already in use (like Apple), but they are limited in scope. Apple is a trademark held by both Apple Inc. and Apple Corps (the company owned by The Beatles), but they have limitations to where it applies. And actually, you can lose your enforcement rights to a trademark when it becomes an everyday generic term, so popularizing a name can actually be counterproductive in enforcing a trademark (see the Wikipedia page "Generic trademark"). Some examples mentione
  • by christoban ( 3028573 ) on Friday February 16, 2024 @04:55PM (#64245894)

    I think it's clear, but the article says only the "GPT" part was invalidated, so "ChatGPT" and *GPT stuff would still be valid trademarks.

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  • Dear slashdot, Could we please have a A.I. tag like we have a device tag? I'm super tired of having th news feed be mostly A.I. news. Just not a domain I'm interested in and would like to be able to filter all the articles out because I'm on he verge of just not visiting /. until the fad fades away and the news is more diverse again.
    • by HiThere ( 15173 )

      A reasonable request, but this story wouldn't warrant that tag. It's about legal maneuvering and legal/bureaucratic decisions.

  • Microsoft should have been forced to use a real product name just like everyone else, not sit on that acronym like they own it.
    • Because it's "Microsoft SQL Server." Also, just off the top of my head, "Pages."

      • It was Sybase SQL Server before it became Microsoft SQL Server.

        Sybase, Microsoft and Ashton-Tate started to work together in 1988 to port Sybase SQL Server from UNIX to OS/2. Microsoft later released it for Windows NT, and Sybase renamed their version to Adaptive Server Enterprise,

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