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Initial USPTO response to OpenAI GPT trademark application

3 pointsby wskishalmost 2 years ago

2 comments

wskishalmost 2 years ago
&quot;REFUSAL—MERELY DESCRIPTIVE: Registration is refused because the applied-for mark merely describes a feature, function, or characteristic of applicant’s goods and services.&quot;<p>There are other details that exceed my trademark ken. Anyone with trademark experience care to parse this for us?
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centmotalmost 2 years ago
They&#x27;re saying that HelixGPT, RoomGPT.io etc. is evidence of GPT being a descriptive acronym.<p><a href="https:&#x2F;&#x2F;www.acronymfinder.com&#x2F;GPT.html" rel="nofollow">https:&#x2F;&#x2F;www.acronymfinder.com&#x2F;GPT.html</a><p>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, &quot;GENERATIVE&quot; means having the power or function of generating, originating, producing, or reproducing,&quot; &quot;PRE-TRAINED&quot; means to &quot;train in advance,&quot; and &quot;TRANSFORMER&quot; means &quot;one that transforms.&quot; Further, the attached Internet evidence demonstrates such wording is commonly used in applicant&#x27;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:<p>&gt; Partial Summary from ChatGPT&#x2F;3.5.<p>The evidence provided in the case shows that the applicant&#x27;s mark &quot;GPT&quot; is an acronym for &quot;generative pre-trained transformer.&quot; The definitions from Merriam-Webster Dictionary confirm that &quot;generative&quot; means the power of generating or producing, &quot;pre-trained&quot; means to train in advance, and &quot;transformer&quot; refers to something that transforms. Additionally, internet evidence reveals that the term &quot;GPT&quot; is commonly used in the applicant&#x27;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.<p>Based on this information, it is clear that the applied-for mark &quot;GPT&quot; immediately conveys to relevant consumers that the applicant&#x27;s software goods and&#x2F;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.<p>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.<p>&gt; What kind of evidence can be supportive (ChatGPT&#x2F;3.5)<p>In order to support the registration of the mark &quot;GPT,&quot; 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:<p>1. Consumer Surveys: Conducting surveys among relevant consumers to gather evidence of their recognition and association of the mark &quot;GPT&quot; with the applicant&#x27;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.<p>2. Market Recognition: Providing evidence of the applicant&#x27;s extensive use of the mark &quot;GPT&quot; 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.<p>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 &quot;GPT&quot; and its association with the applicant&#x27;s goods or services.<p>4. Website and Social Media Content: Submitting copies or screenshots of the applicant&#x27;s website, social media profiles, and online presence where the mark &quot;GPT&quot; is prominently featured and used as a distinctive identifier for the applicant&#x27;s goods or services.<p>5. Marketing Materials: Providing samples of marketing materials, brochures, packaging, or product labels that prominently display the mark &quot;GPT&quot; in a manner consistent with its distinctive use as a brand identifier.<p>6. Industry Recognition: Citing any awards, accolades, or industry recognition that the applicant has received for its products or services bearing the mark &quot;GPT.&quot; This can demonstrate the unique and non-generic nature of the mark within the industry.<p>It&#x27;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.