“GPT” Too Generic for Trademark Protection, Says USPTO

By Josh Gerben, Esq.

Published: May 14, 2025 Published: May 14, 2025

OpenAI’s attempt to register “GPT” as a trademark has been denied.

In a decision issued on May 12, the USPTO concluded that “GPT“—short for Generative Pre-trained Transformer—is a generic term used across the AI software industry to describe a category of language models, not a brand uniquely associated with OpenAI.

The refusal was backed by more than 100 pages of evidence, which show references to “GPT” as a general descriptor for AI tools capable of generating human-like text and answering questions in conversational form.

The rejection of the “GPT” trademark application is a significant blow to OpenAI’s brand protection efforts. If the USPTO’s decision holds up on appeal, any company making AI software could use the term “GPT” in its name.

Why “GPT” was rejected

In order for a trademark to be granted protection by the USPTO, it must be considered unique in a particular industry. From a legal perspective, the trademark must be unique enough for an “average consumer” to know it is a brand and connected with a particular company.

In this case, the USPTO found that the public does not understand “GPT” as pointing uniquely to OpenAI, but rather to a type of technology widely used by others. It also found that “GPT” is descriptive of the very function the software performs: generating pre-trained language model responses.

OpenAI attempted to overcome this finding by submitting a consumer survey to the USPTO. The survey, OpenAI argued, showed that “GPT” had become uniquely associated with its brand. But the USPTO was not convinced. It criticized the survey’s methodology, noting that it focused on a small group of software developers, whereas OpenAI’s user base includes the general public, who are considered “less sophisticated” under trademark law standards.

The USPTO also dismissed OpenAI’s argument that the term “GPT” didn’t exist before it launched ChatGPT. The agency responded that trademark protection depends on how a term is used now, and that the software field is known for rapidly evolving terminology. Even if a term was once distinctive, it can become generic over time through widespread use.

In one of the more definitive parts of the decision, the USPTO stated that “GPT” is “likely generic” and not protectable under any circumstance.

The statement that “GPT” is likely generic is significant because it cuts off the final potential path to register— a claim that “GPT” has “acquired distinctiveness” in the marketplace because of the popularity of OpenAI’s product.

A classic example of a trademark that has “acquired distinctiveness” is American Airlines. On its face, the phrase combines a geographic term with a generic word and would typically be considered too descriptive to receive trademark protection. But over time, the sheer size, reach, and marketing power of American Airlines transformed it into a protectable brand. Consumers no longer hear “American Airlines” and think “an airline in America”—they think of a specific company.

OpenAI argued that “GPT” had undergone the same transformation through the success of its flagship product, ChatGPT.  

The USPTO disagreed on that point as well.

OpenAI’s enforcement of the “GPT” trademark

While OpenAI has been fighting with the USPTO to register its “GPT” mark, it has also been taking legal action to block others who are seeking to register trademarks using “GPT.”

Specifically, as of May 14, 2025, the company has taken steps to oppose over 60 “GPT”-centric trademarks. Of these, 14 have been filed in 2025 alone.

Most of the legal proceedings are in the initial stages and could be heavily influenced by the outcome of whether or not the “GPT” mark is ultimately registered.

“GPT” oppositions filed by OpenAI

wdt_ID	wdt_created_by	wdt_created_at	wdt_last_edited_by	wdt_last_edited_at	Opposed Trademark	Link to Opposition
1					TELESITTINGGPT	91293015
2					THINKGPT	91293015
3					THINKANDORGPT	91293015
4					VIRTUALSITTERGPT	91293015
5					DISPUTEBOT GPT	91296321
6					DATEGPT	91294721
7					SAFEGPT	91293603
8					CHATGPT	91291229
9					GPTEACHER	91292994
10					CHEFGPT	91293475
11					COOKGPT	91293475
12					BLUGPT	91295936
13					MATSGPT	91296007
14					BEARCLAWGPT	91290810
15					AUDAXGPT	91293913
16					CRUNCHGPT	91292726
17					ETFGPT	91293157
18					GENEGPT	91295837
19					VHHGPT	91294080
20					POWERGPT	91293746
21					CHATGPTBBQ	91295835
22					MUSHGPT	91298086
23					ROBOTEON WAREHOUSEGPT	91295072
24					TELECONSULTANTGPT	91295789
25					CHATGLM	91295022
26					CLOUDYGPT	91296101
27					SENSIBLEGPT	91295393
28					FISCALNOTE GPT	91298828
29					ETHICALGPT	91298420
30					TRANSGPT	91295229
31					CIVICGPT	91294707
32					FREEDAGPT	91296624
33					HIFIGPT	91293742
34					FASHIONGPT	91293909
35						91297419
36					LULAGPT	91293901
37					BLOOMBERGGPT	91293747
38					DIRTYGPT	91291226
39					THREATGPT	91293429
40					RYTE GPT	91294886
41					IQ GPT	91296320
42					GPTPRO.BIZ	91295792
43						91296322
44					RESULTSGPT	91294314
45					RESULTSCXGPT	91294314
46					CHOICEGPT	91291634
47					S&P GLOBAL REGGPT	91293750
48					ROYALGPT	91292134
49					PETGPT	91295182
50					OPHGPT	91294708
51					OPHTHGPT	91294708
52					EYEGPT	91294708
53					GEOGPT	91294082
54					CRIMEGPT	91294856
55					ZENGPT	91292724
56					PAREXELGPT	91293912
57					ALTSGPT	91293604
58					UROGPT	91295603
59						91298334
60					CHATGPTFEST	91291716
61					CAT GPT	91295890
62					QADVISORGPT	91294439
63					WALDOGPT	91296800
64					LIFEGPT	91295492
65					H2OGPT	91297418
66					FLOWGPT	91296623

Data as of May 14, 2025

The “ChatGPT” trademark is still in play

OpenAI is also seeking to register “ChatGPT” as a trademark, and that application faces its own hurdles. The USPTO has initially refused the mark on the grounds that it is merely descriptive. However, in that case, the agency has at least left the door open for OpenAI to prove the name has acquired distinctiveness in the marketplace, similar to how names like American Airlines became protectable over time.

That decision is currently being appealed to the Trademark Trial and Appeal Board (TTAB), with a ruling expected later this year. A win could mean exclusive rights to “ChatGPT,“ even if “GPT” remains unprotectable on its own.

What’s next for OpenAI?

With “GPT” now officially deemed unregisterable, OpenAI’s only recourse is to appeal the decision to the TTAB—and potentially to federal court if the Board upholds the refusal. 

The stakes are high: if OpenAI were to succeed, it could prevent others in the AI industry from using the term “GPT” to describe their models (and likely cause OpenAI to lose most, if not all, of the Opposition proceedings noted above).

That said, this situation is exactly why trademark law sets a high bar for protection. The system is designed to prevent companies from monopolizing terms that the broader industry needs to use to describe common technology.

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Josh Gerben, Esq.

Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.