3 ms·
This is my personal opinion and not legal advice. IANA trademark practitioner. Before the EUTM [0], the EU trade mark office, they're currently in opposition p
by pbhjpbhj 3y ago
This is my personal opinion and not legal advice. IANA trademark practitioner.
Before the EUTM [0], the EU trade mark office, they're currently in opposition proceedings with no oppositions registered.
AFAIK the term GPT is entirely descriptive (so not distinctive) and so is unsuitable for use as a trademark. It should be refused, but I wouldn't expect trademark examiners to have heard of generative-pretraining, nor that this can be applied to transformers to make a gpt. Unless someone tells them then I expect the application by OpenAI would be allowed.
That said, OpenAI can use the term "trademark" if they're using that term as a mark of origin for goods or services, it doesn't need to be registered first (at which point it becomes an RTM and can use the (R) symbol). Indeed you can register a mark as having acquired distinctiveness through your prior use as a trademark ("acquired distinctiveness").
[0] https://euipo.europa.eu/eSearch/#details/trademarks/018836652 https://euipo.europa.eu/eSearch/#details/trademarks/01883665...
- sgu999 3y ago> Unless someone tells them then I expect the application by OpenAI would be allowed. How does one tell "them" and why don't you?
- tough 3y agoHow do I file an opposition? Oppositions against EU trade mark applications have to be filed in writing within a period of 3 months following the publication of the EU trade mark application in the EU Trade Marks Bulletin. For your convenience, oppositions can also be filed using the online form. https://euipo.europa.eu/ohimportal/en/opposition#:~:text=How%20do%20I%20file%20an,filed%20using%20the%20online%20form https://euipo.europa.eu/ohimportal/en/opposition#:~:text=How.... Someone should really use ChatGPT to write an opposition letter and submit for the lols
- matemp 3y agoI think "ChatGPT" is distinctive to their specific product, but not just "GPT" in general.
- pbhjpbhj 3y agoActually, what I think I was looking for was "observations", oppositions is for other parties with standing (eg other traders, other trade mark owners) I think. Whilst observations, also part of the adversarial processing, https://guidelines.euipo.europa.eu/1803468/1786255/trade-mark-guidelines/4-6-observations-by-third-parties https://guidelines.euipo.europa.eu/1803468/1786255/trade-mar..., are for third parties. Opposition has a fee, and it's probably not appropriate for me personally to be involved (I work in IP, not in TMs). Maybe I'll look at anonymous submissions under Art.5 EUTMR. (That link says it is obsolete, I'm assuming that the procedure has just been updated.)