OpenAI is trying to trademark GPT: OpenAI issues warning that “GPT” cannot be used for product or site names

OpenAI is trying to trademark GPT: OpenAI issues warning that “GPT” cannot be used for product or site names

Time Stamp: May 4, 2023 1:48 PM
Source Node: 2635262

“If your project uses GPT-3, GPT-4, or ChatGPT you may choose to say in the Product description (not in the Product/Site name) that it is “Powered by GPT-3” or “Powered by GPT-4” or “Powered by ChatGPT” and/or “Powered by DALL-E” as applicable. We do not permit model names in products/site titles because there is concern that it can confuse end users, and it also triggers our enforcement mechanisms.”

On Tuesday, December 27, 2022, OpenAI, the creator of the popular AI-powered chatbot, applied for a trademark for “GPT,” which stands for “Generative Pre-trained Transformer.”

Last month, OpenAI petitioned the United States Patent and Trademark Office (USPTO) to speed up the trademark application process, citing the “myriad infringements and counterfeit apps” beginning to spring into existence. However, on April 18, 2023, USPTO rejected OpenAI’s petition because it was “incomplete”  and “missing the petition fee.”

“However, your request cannot be construed as an informal petition to make special because it is incomplete. Specifically, the petition is missing the petition fee as required by 37 C.F.R. §2.6 and the appropriate documentary evidence supporting the justification of special action. TMEP §1710. You state that “OpenAI is taking aggressive action against the myriad infringements and counterfeit apps.” (Req. to Make Special.) However, you omitted the required supporting evidence of the action you have taken against the infringer, e.g., a copy of a relevant civil court complaint, cease-and-desist letter. See TMEP §1710. Instead, you have provided a declaration statement and web articles of your product and the alleged infringement. Unfortunately, a declaration and evidence of alleged infringement are insufficient, and objective documentary evidence demonstrating your efforts against the infringement is required,” USPTO said in its decision

A few days after the petition was filed with USPTO, OpenAI filed a UDRP case against the current operator of ChatGPT.com at the WIPO.

Fast forward a month later, OpenAI is now broadening the case against anyone that uses the acronym “GPT” in their services. The company has hired the service of the brand protection company BrandShield to go after businesses and organizations using “GPT” in their services.

According to DomainGang, which first reported the story, OpenAI is now sending “Cease & Desist” letters to operators that use the acronym “GPT” in their services. The first provider to receive the email was the owner of SiteGPT.ai. The email dated May 4, 2003, with the subject: “OpenAl brand guideline outreach – https://sitegpt.ai,” reads:

“Dear Team, We are contacting you on behalf of our client OpenAl, Inc. (“OpenAl”). Our job is to work with developers to ensure that they are marketing their products in accordance with OpenAl’s brand guidelines https://openai.com/brand and in a way that doesn’t create confusion for the consumer.”

The email further reads: ‘Stating “GPT” is inaccurate and may imply a partnership or endorsement where there isn’t one.”

“Stating “GPT” is inaccurate and may imply a partnership or endorsement where there isn’t one. If your project uses GPT-3, GPT-4, or ChatGPT you may choose to say in the Product description (not in the Product/Site name) that it is “Powered by GPT-3” or “Powered by GPT-4” or “Powered by ChatGPT” and/or “Powered by DALL-E” as applicable. We do not permit model names in products/site titles because there is concern that it can confuse end users, and it also triggers our enforcement mechanisms. It’s important to identify the GPT-3, GPT-4, or ChatGPT (or DALL-E) model specifically, as opposed to just referencing GPT.

Commenting on the “Cease & Desist” letter, Bhanu Teja, who operates SiteGPT.ai, said in a post on Twitter that he may have to rebrand to another name.

“Not again. Looks like I will have to rebrand http://SiteGPT.ai to something else… The strange thing is I did not even get this email from @OpenAI ‘s official domain. Just some random domain called brandshield…,” Bhanu tweeted.

BrandShield is “a brand-oriented digital risk protection company, that specializes in monitoring, detection, and removal of digital threats such as phishing attempts, executive impersonation, counterfeit products, trademark infringements, and more,” the company says on its website.

Below is the email OpenAI sent to the operator of SiteGPT.AI.

OpenAl brand guideline outreach – https://sitegpt.ai

openai <openai@brandshield.com>
to bhanu@sitegpt.ai

5/4/2023

https://sitegpt.ai/?via=ph&ref=producthunt

Re: OpenAl brand guideline outreach

Dear Team,

We are contacting you on behalf of our client OpenAl, Inc. (“OpenAl”). Our job is to work with developers to ensure that they are marketing their products in accordance with OpenAl’s brand guidelines https://openai.com/brand and in a way that doesn’t create confusion for the consumer.

Today, we’re writing regarding your use of the mark “GPT” in connection with ‘Site GPT’ product.

https://branddb.wipo.int/en/quicksearch/brand/CH502023000001493?by=brandName&v=GPT&rows=30&sort=score%20desc&start=08& =1682836548861&fcstatus=Registered&fcdesignation=CH&i=o

Stating “GPT” is inaccurate and may imply a partnership or endorsement where there isn’t one. If your project uses GPT-3, GPT-4, or ChatGPT you may choose to say in the Product description (not in the Product/Site name) that it is “Powered by GPT-3” or “Powered by GPT-4” or “Powered by ChatGPT” and/or “Powered by DALL-E” as applicable. We do not permit model names in products/site titles because there is concern that it can confuse end users, and it also triggers our enforcement mechanisms. It’s important to identify the GPT-3, GPT-4, or ChatGPT (or DALL-E) model specifically, as opposed to just referencing GPT.

Please reply to this message by 05.10.2023 to let us know that you received it and intend to make the applicable changes. If you have any questions, please contact us directly at openai@brandshield.com.

Sincerely,

BrandShield Ltd.

May 5, 2023 Article Update: The title of the article has been updated to reflect new information about the rejection of the OpenAI petition issued on April 18, 2023 (see PDF below).

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