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OpenAI loses EU trademark bid for its name

The EU’s top court upheld a refusal to trademark the name OpenAI, finding it too descriptive, though the company’s logo remains protected.

Image: TechXplore

OpenAI has lost its appeal against the European Union’s refusal to register its name as a trademark, with the European Court of Justice backing an earlier decision from the European Union Intellectual Property Office (EUIPO).

The dispute centered on whether “OpenAI” is distinctive enough to qualify for trademark protection. EUIPO had accepted protection for the company’s logo, but not its name, arguing that the combination of the common English words “open” and “AI” could describe a wide range of business activities tied to artificial intelligence.

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Under EU rules, companies cannot trademark terms that merely describe a product or service, because doing so could prevent competitors from using those words in advertising and marketing. An exception exists for businesses that can show their name has been used long enough to acquire distinctiveness.

According to the ruling, OpenAI had already failed in a previous appeal before EUIPO. The court has now confirmed that outcome, finding the name OpenAI not sufficiently distinctive to be trademarked in the bloc.

Marcus Vance

Enterprise Editor

Marcus follows the money. He covers enterprise software, cloud architecture, and the tectonic shifts in Big Tech strategy. He translates dense earnings calls and complex M&A activity into actionable insights about where the industry is actually heading. If a tech giant makes a silent pivot, Marcus is usually the first to notice.

via TechXplore

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