OpenAI loses EU appeal over trademarking its name

OpenAI, the US company that owns ChatGPT, lost its appeal against the European Union's refusal to register the name OpenAI as a trademark.

The company had challenged a decision by the European Union Intellectual Property Office. The office had accepted protection for OpenAI's logo but refused to protect the name itself.

The EU intellectual property office said the words "open" and "AI" are common English terms and could describe many business activities linked to artificial intelligence. Under EU rules, a brand cannot be trademarked if it only describes a product or service, because that could stop competitors from using those terms in advertising.

An exception can apply when a company proves it has used a name for a long time. OpenAI had already lost an appeal before the EU intellectual property office. The European Court of Justice confirmed that decision, saying the name OpenAI was not distinctive enough to be registered as a trademark.