Initial USPTO response to OpenAI GPT trademark application (opens in new tab)

"REFUSAL—MERELY DESCRIPTIVE: Registration is refused because the applied-for mark merely describes a feature, function, or characteristic of applicant’s goods and services."

There are other details that exceed my trademark ken. Anyone with trademark experience care to parse this for us?

They're saying that HelixGPT, RoomGPT.io etc. is evidence of GPT being a descriptive acronym.

https://www.acronymfinder.com/GPT.html

In the present case, the attached evidence shows that applicant’s mark “GPT” is an acronym for the wording “generative pre-trained transformer.” According to the attached definitions from MerriamWebster Dictionary, "GENERATIVE" means having the power or function of generating, originating, producing, or reproducing," "PRE-TRAINED" means to "train in advance," and "TRANSFORMER" means "one that transforms." Further, the attached Internet evidence demonstrates such wording is commonly used in applicant's industry to refer to a particular type of software featuring artificial intelligence (AI) that generates responses based on a pool of pre-existing resources that the software uses to generate its responses to user questions. Some examples of such use are:

> Partial Summary from ChatGPT/3.5.

The evidence provided in the case shows that the applicant's mark "GPT" is an acronym for "generative pre-trained transformer." The definitions from Merriam-Webster Dictionary confirm that "generative" means the power of generating or producing, "pre-trained" means to train in advance, and "transformer" refers to something that transforms. Additionally, internet evidence reveals that the term "GPT" is commonly used in the applicant's industry to describe a type of software with artificial intelligence (AI) capabilities that generates responses based on pre-existing resources. Several examples of this usage are provided in the evidence.

Based on this information, it is clear that the applied-for mark "GPT" immediately conveys to relevant consumers that the applicant's software goods and/or services feature AI-based software that generates responses using pre-existing data and transforms inputted information into conversational responses, text, images, or other languages in response to user questions or requests.

However, despite the explanation provided, the applied-for mark is refused registration under Trademark Act Section 2(e)(1). The applicant has the opportunity to respond to the refusal by submitting evidence and arguments in support of registration.

> What kind of evidence can be supportive (ChatGPT/3.5)

In order to support the registration of the mark "GPT," the applicant can provide various types of evidence that demonstrate the distinctiveness and non-descriptive nature of the mark. Here are some examples of evidence that can be supportive:

1. Consumer Surveys: Conducting surveys among relevant consumers to gather evidence of their recognition and association of the mark "GPT" with the applicant's specific goods or services. The survey results can show that consumers perceive the mark as a distinctive source identifier rather than a descriptive term.

2. Market Recognition: Providing evidence of the applicant's extensive use of the mark "GPT" in commerce and its recognition and reputation in the market. Examples can include sales figures, advertising campaigns, media coverage, and testimonials from customers or industry experts.

3. Declarations and Statements: Obtaining declarations or statements from industry experts, customers, or other relevant parties who can attest to the unique and non-descriptive nature of the mark "GPT" and its association with the applicant's goods or services.

4. Website and Social Media Content: Submitting copies or screenshots of the applicant's website, social media profiles, and online presence where the mark "GPT" is prominently featured and used as a distinctive identifier for the applicant's goods or services.

5. Marketing Materials: Providing samples of marketing materials, brochures, packaging, or product labels that prominently display the mark "GPT" in a manner consistent with its distinctive use as a brand identifier.

6. Industry Recognition: Citing any awards, accolades, or industry recognition that the applicant has received for its products or services bearing the mark "GPT." This can demonstrate the unique and non-generic nature of the mark within the industry.

It's important to note that the specific requirements for supporting evidence may vary depending on the jurisdiction and the applicable trademark laws. Consulting with a trademark attorney or legal professional experienced in trademark registration can provide guidance on the best types of evidence to submit in support of the application.