The EUIPO's decision to partially refuse registration of OPENAI in the EU has been upheld by the EU General Court.
In December 2024, the EUIPO partially refused the application and stated that the English-speaking public would perceive OPENAI to mean “openly accessible artificial intelligence”. This decision reinforces that foreign trademark registrations lack influence before the EUIPO, and that gathering evidence of use early is important for owners of descriptive brands. So, where does this leave OpenAI?
In a recent article published by World Trademark Review, Christophe van Zyl discusses how the OPENAI mark still has a chance for registration in the EU if they can prove acquired distinctiveness. He notes that OpenAI's choice to appeal the descriptiveness ruling will depend on a variety of factors, including likelihood of success, the commercial importance of the word mark and the time and cost involved.
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