Re:OpenAI – Application for US trademark "GPT" has failed
by HPsquared on Thursday February 15, 2024 @04:35AM
(#39380728)
In principle an acronym (initialism really) can be an original name, e.g. IBM, BMW. This is common. This trademark seems to have been denied because it's not "original" enough. It's too generic a term.
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Re:OpenAI – Application for US trademark "GPT" has failed
by tgv on Thursday February 15, 2024 @05:52AM
(#39381219)
Weirdly enough, Microsoft did get a trademark on "Windows". Perhaps OpenAI was counting on a similar decision.
Re:OpenAI – Application for US trademark "GPT" has failed
by Kbelicius on Thursday February 15, 2024 @06:48AM
(#39381594)
AFAIK trademarks are granted for products. Microsoft was granted that trademark for software. If you opened a window shop and tried to trademark windows you'd fail since it is an existing term in that category. Similarly GPT is a term used in the filed of AI and thus would not be allowed to be trademarked in that category. I'm sure a window shop could trademark GPT for their line of windows.
Re:OpenAI – Application for US trademark "GPT" has failed
by jbenjoseph on Thursday February 15, 2024 @09:02AM
(#39382793)
This is called "descriptiveness", a very bad quality for a trademark application to have.
Re:OpenAI – Application for US trademark "GPT" has failed
by hulitu on Thursday February 15, 2024 @06:11AM
(#39381355)
They have money, you know ...
Re:OpenAI – Application for US trademark "GPT" has failed
by bonton89 on Thursday February 15, 2024 @10:24AM
(#39383767)
Microsoft once sued a teenager for trademark infringement for having a website called MikeRoweSoft.com. The kid's name was Mike Rowe and he lost the website in a settlement.
Re:OpenAI – Application for US trademark "GPT" has failed
by kube-system on Thursday February 15, 2024 @10:46AM
(#39384115)
That’s because it is expensive for kids to defend lawsuits, not because a court agreed.
Re:OpenAI – Application for US trademark "GPT" has failed
by mtlmtlmtlmtl on Thursday February 15, 2024 @01:44PM
(#39386620)
Still redirects to microsoft.com
Re:OpenAI – Application for US trademark "GPT" has failed
by keiferski on Thursday February 15, 2024 @07:24AM
(#39381834)
The real question is whether beemer is trademarked.
Re:OpenAI – Application for US trademark "GPT" has failed
by block_dagger on Thursday February 15, 2024 @04:42AM
(#39380766)
Company name vs product name
Re:OpenAI – Application for US trademark "GPT" has failed
by eru on Thursday February 15, 2024 @04:43AM
(#39380774)
In this example, the company is called Bayerische Motoren Werke AG. BMW is one of their trademarks.
See also how there's a company named 'Dr. Ing. h.c. F. Porsche AG' with a brand called 'Porsche'. But nowadays that company is just a subsidiary of Volkswagen, and they could restructure to make the Porsche AG disappear, without doing any changes to the brand.
Re:OpenAI – Application for US trademark "GPT" has failed
by ben_w on Thursday February 15, 2024 @06:11AM
(#39381351)
> Volkswagen
Also, this is literally "people's car".
Re:OpenAI – Application for US trademark "GPT" has failed
by thaumasiotes on Thursday February 15, 2024 @12:21PM
(#39385396)
And BMW is literally "Bavarian motor works". It's fun to know, but so what?
Re:OpenAI – Application for US trademark "GPT" has failed
by ben_w on Friday February 16, 2024 @05:54AM
(#39395414)
They are examples of mundane descriptions which are, in fact, trademarks.
Re:OpenAI – Application for US trademark "GPT" has failed
by thaumasiotes on Friday February 16, 2024 @02:47PM
(#39402033)
But they're not examples of mundane descriptions. BMW is much closer than Volkswagen is -- I doubt anyone has ever actually referred to a car as being "a car of the people" -- but "Bavarian motor works" is not a phrase that you'd expect anyone to use descriptively unless there was an appropriate referent, a set of car factories in Bavaria whose company affiliation was obscure or irrelevant. (Perhaps because there are many of them affiliated with different companies, but we're talking about things they have in common such as a demand for steel or technicians.)
Had that been the case, and had the phrase been in common use, it would have been impossible to trademark "Bavarian Motor Works" to refer to part of the Bavarian motor works. But reality is different.
Re:OpenAI – Application for US trademark "GPT" has failed
by littlestymaar on Thursday February 15, 2024 @04:46AM
(#39380798)
Aren't M&M's a product name?
Re:OpenAI – Application for US trademark "GPT" has failed
by littlestymaar on Thursday February 15, 2024 @04:42AM
(#39380770)
It's not so much that it's too generic, but that the term has been broadly used by pretty much everyone talking about transformer-based models for the past years at this point. The term has entered public domain before they even tried to register it.