A US-based company sought to overturn the decision of the EU Intellectual Property Office (EUIPO), which allowed protection of the “OpenAI” logo, but not the name itself.
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EUIPO decided that the combination of the two common English words “open” and “AI” can describe many business activities in the field of artificial intelligence.
EU rules prohibit registering a trademark that merely describes a product or service. In such a case, competitors would no longer be able to use these terms in their advertising.
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An exception applies only to companies that can prove they have used their name for a long time.
“OpenAI” had previously lost an appeal at EUIPO.
The Court of Justice of the European Union confirmed this decision, stating that the name “OpenAI” is not distinctive enough to be registered as a trademark.
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