OpenAI’s Trademark Troubles: “GPT” is Just Too Descriptive

In what might be the tech world’s least surprising plot twist of 2025, the United States Patent and Trademark Office (USPTO) has told AI powerhouse OpenAI that their attempt to trademark “GPT” faces some serious hurdles. And by “hurdles,” we mean a non-final office action that essentially says, “Nice try, but this term is already out in the wild.”

What Happened?

On May 12, 2025, the USPTO sent a non-final office action to OpenAI regarding their application to trademark “GPT” (Serial No. 97733259). For those who’ve been living under a rock (or perhaps wisely limiting their screen time), GPT stands for “Generative Pre-trained Transformer” – the technology behind those AI chatbots that write your emails, generate your code, and occasionally conjure up confidently incorrect historical “facts.”

The USPTO’s message was clear: the term “GPT” is “merely descriptive” of OpenAI’s products and services. In trademark speak, that’s the equivalent of trying to trademark “COLD” for ice cream or “SPEEDY” for courier services.

But wait, it gets worse! The USPTO also added an advisory that “GPT” might actually be generic – the trademark equivalent of a death sentence. No amount of evidence can resurrect a generic term for trademark protection.

Why This Matters to Small Business Owners

You might be thinking, “I don’t own a multi-billion-dollar AI company, so why should I care?” Fair question! Here’s why this case offers valuable lessons for businesses of all sizes:

1. Descriptive Terms Make Weak Trademarks

When choosing a name for your product or service, avoid terms that directly describe what you’re selling. The USPTO examining attorney provided a mountain of evidence showing that “GPT” is commonly used throughout the tech industry to describe a specific type of AI language model.

Lesson: Choose distinctive, creative names rather than descriptive ones. “Apple” for computers works because it has nothing inherently to do with computing. “Fast Computer” for computers? Not so much.

2. The Market Can Outpace Your IP Strategy

OpenAI essentially argued that they coined the term “GPT” when they released GPT-1 back in 2018. The problem? Technology moves quickly, and by 2025, the term has apparently become widely used throughout the industry. Cambridge Dictionary even includes “GPT” as a standard computing term!

Lesson: Don’t wait too long to protect your brand assets. The marketplace can adopt your terminology faster than you might expect, especially in fast-moving industries.

3. Consumer Perception Beats Creator Intent

One interesting tidbit from the USPTO’s response: OpenAI provided survey evidence trying to prove “GPT” was distinctive, but the survey only included software developers — not ordinary consumers. The USPTO wasn’t impressed.

Lesson: What matters is how the average consumer perceives your mark, not just how experts or industry insiders view it. Your trademark protection depends on maintaining distinctiveness in the eyes of your target market.

What Happens Next?

OpenAI has three months to respond to this office action. Their options include:

1. Arguing against the refusal (good luck with that)
2. Submitting stronger evidence of “acquired distinctiveness”
3. Moving to the Supplemental Register (second-class trademark protection)
4. Abandoning the application

It’s a textbook example of why businesses should be careful about using descriptive terms as brand identifiers. For OpenAI, a company currently valued north of $80 billion, this is probably just an annoying legal hiccup. But for smaller businesses, similar missteps could be costly.

The Ironic Twist

Perhaps the most delicious irony in all of this? OpenAI, the company that released technology so powerful it’s reshaping entire industries, can’t seem to secure trademark rights to the very acronym that describes it. It’s like inventing the telephone but not being able to trademark the word “telephone.”

What’s Your Take?

Have you faced challenges with descriptive trademarks in your business? Or have questions about how to choose a protectable brand name? Drop a comment below or reach out to us at Harrigan IP for guidance on navigating the sometimes bewildering world of trademark law.